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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 13, 2005
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Liquor License Transfer of Location Request - Port City Cruise Line, Inc.
CITY CLERK
C. Liquor License Transfer of Ownership Request - Ruby Tuesday. CITY
CLERK
D. Resolution for Charitable Gaming License. CITY CLERK
E. Request to Purchase Tax-Reverted Properties. PLANNING &
ECONOMIC DEVELOPMENT
F. County Wastewater Easements. CITY MANAGER
G. Approval of Contractor for Completion of Rehabilitation of Structure at
458-460 Mulder. COMMUNITY & NEIGHBORHOOD SERVICES
H. City-County Agreement for Community Development Block Grant
Funds (Neighborhoods of Choice). PLANNING & ECONOMIC
DEVELOPMENT
I. Request for an Encroachment Agreement (Laketon & Henry. Northwest
Corner). ENGINEERING
o PUBLIC HEARINGS:
A. 2006 Budget Adoption. FINANCE
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Tool & Die Recovery Zone Status for Northern Machine Tool. PLANNING
& ECONOMIC DEVELOPMENT DEPARTMENT
B. Filter Turbidimeter Replacement. WATER FILTRATION
C. Seyferth Park Skate Ramp. CITY MANAGER
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
.> Reminder: Individuals who would like to address the City Commission shall do the following:
)> fill out a request to speak form attached to the agenda or located in the back of the room.
);> Submit the torm to the Cily Clerk.
:> Be recognized by the Chair.
:> Step forward to the microphone.
)> State name and address.
)> Limit of 3 minutes to address the Commission.
> (Speaker representing a group may be allowed l 0 minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUS!<:EGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAlLA
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724·4172.
Date: September 13, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, August 23, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY Of MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 13, 2005
CITY COMMISSION CHAMBERS@ 5:30P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
HaiL 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, September
13, 2005.
Mayor Warmington opened the meeting with a prayer from Pastor D. L.
Rogers from Zion Baptist Church after which the Commission and public recited
the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner
Lawrence Spataro, Chris Carter, Kevin Davis, Stephen Gawron, and Clara
Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Gail Kundinger.
2005-82 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, August 23, 2005.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
C. Liquor License Transfer of Ownership Request - Ruby Tuesday. CITY
CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from RT Michiana Franchise, LLC, to transfer
interest in the 2005 12-months Resort Class C licensed business by dropping Jerry
Smith as a member thru transfer of his 99% interest to existing member, Ruby
Tuesday, Inc., and by adding RT One Percent Holdings, Inc., as a new member
thru transfer of 1% interest from existing member, Ruby Tuesday, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent upon final inspection.
D. Resolution for Charitable Gaming License. CITY CLERK
SUMMARY OF REQUEST: Deaf/Hard of Hearing Connection, 3391 Merriam Street,
is requesting a resolution recognizing them as a non-profit organization
operating in the City for the purpose of obtaining a gaming license. The event
will be at Heritage Landing. Due to time constraints, they are coming to us after
the event (permission has been given by the State). They have been
recognized as a 501 (c)(3) organization by the State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
E. Request to Purchase Tax-Reverted Properties. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The State of Michigan is offering the City a number of
tax-reverted properties acquired prior to 2002 and available to us under the "old
program" for the bargain price of $300 for the first five properties and $20 for
each additional property after that. Since the City continues to mow and
maintain these lots, even though they are State-owned, it would be
advantageous to the City to take ownership of them. We can then attempt to
sell them and get them back on the tax rolls. The Community and
Neighborhood Services Department will be obtaining seven of the properties
from the list for their program, one of which is a home to rehabilitate.
FINANCIAL IMPACT: Total cost of the 32 properties is $840.
BUDGET ACTION REQUIRED: Expend the additional $840 necessary to purchase
these parcels.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee
recommended approval at their regular meeting of August 23, 2005.
F. County Wastewater Easements. CITY MANAGER
SUMMARY OF REQUEST: To approve two agreements with Muskegon County
which grants easements to the County across City property for the purpose of
the County constructing and maintaining water lines.
FINANCIAL IMPACT: $1,600 in revenue to the City.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the two easement agreements.
G. Approval of Contractor for Completion of Rehabilitation of Structure at
458-460 Mulder. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Nobles Incorporated, 210
East Broadway, Muskegon, Ml for the completion of the rehabilitation of the
City-owned home at 458-460 Mulder for $68,439. Operation: Two will be made
into one. This present two-unit structure will be converted into a single family
home in order to be more conforming to the immediate neighborhood. After
the rehabilitation is completed, the home will be marketed to qualified eligible
first-time homebuyers.
Two other bids were received for this project:
Top Notch Design
4740 Jenson, Fruitport $96,995
Lewis Johnson Builders
1607 Bonita Court, Grand Haven $82,800
FINANCIAL IMPACT: The funding for this project will be taken from the City's
HOME funds from fiscal year 2004 and program income.
BUDGET ACTION REQUIRED: None required.
STAFF RECOMMENDATION: To approve the Community and Neighborhood
Services request.
H. City-County Agreement for Community Development Block Grant
Funds (Neighborhoods of Choice). PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve the agreement between the City and the
County for the expenditure of Community Development Block Grant funds for
the Neighborhoods of Choice project.
FINANCIAL IMPACT: The City will receive $500,000 in grant funds from the State
of Michigan, through the County of Muskegon for the project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor
and Clerk to sign.
I. Request for an Encroachment Agreement (Laketon & Henry, Northwest
Corner). ENGINEERING
SUMMARY OF REQUEST: BLDI Environmental who is working with Ken's Super
Service Station at the northwest corner of Laketon and Henry has submitted an
encroachment agreement form requesting your permission to install five (5)
monitoring wells in the area surrounding the aforementioned station. The wells
would be installed in the public right of ways of Hudson, Laketon, Henry, and
Division.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement subject
to the supplemental conditions and compliance with the necessary insurance
requirements.
J. Fireworks Display - Blue Corner Boxing. CITY CLERK
SUMMARY OF REQUEST: Blue Corner Boxing is requesting approval of a fireworks
display permit for their boxing event at the L. C. Walker Arena on September 24,
2005. Fire Marshall Metcalf will inspect the fireworks on the day of the event.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of the insurance.
K. Accept Resignation and Make Appointment to Various Boards and
Committees. CITY CLERK
SUMMARY OF REQUEST: To accept the resignation from J. D. Wallace from the
Zoning Board of Appeals, and appoint Carol Lynne Nash to the Loan Fund
Advisory Committee.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
L. Approve Resolution Requests. CITY CLERK
SUMMARY OF REQUEST: To approve resolution requests for Muskegon
Community Youth Group, Pioneer Resources, Stepfamily Association of America,
and Babbitt Memorial Garden.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Carter, second by Vice Mayor Larson to approve the
Consent Agenda as read with the exception of item B.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2005-83 ITEM REMOVED FROM THE CONSENT AGENDA:
B. Liquor License Transfer of location Request - Port City Cruise lin_gJnc.
CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Port City Cruise Line, Inc. to transfer location
of the 2005 Watercraft licensed business with dance-entertainment permit and
250 passengers from 1133 W. Western.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
liquor license transfer of location request for Port City Cruise Line, Inc.
ROLL CALL: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
2005-84 PUBLIC HEARINGS:
A. 2006 Budget Adoption. FINANCE
SUMMARY OF REQUEST: This is the time set for a public hearing on the City's
proposed budget for the year 2006. The proposed budget has been made
available for public inspection at City Hall, Hackley Public Library and the City's
website since September 1st. After hearing public comments, the City
Commission may take action to adopt the 2006 budget with whatever changes
or adjustments it deems necessary. In any event. City Charter requires the
budget be adopted no later than September 25, 2005.
FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan
for operations in the year 2006. As proposed, the budget includes no property
tax increases.
BUDGET ACTION REQUIRED: Adoption of the budget resolution provides the
legal appropriation authority necessary for City departments to conduct
operations in 2006.
STAFF RECOMMENDATION: After receiving comments, close the public hearing
and approve the proposed 2006 City of Muskegon Budget resolution. Also,
approval of the 3rd Quarter 2005 Budget Reforecast as shown in the Budget
Book is recommended at this time.
The Public Hearing opened at 5:43 p.m. to hear and consider any comments
from the public. City Manager Bryon Mazade gave an overview. No public
comments were made.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the
Public Hearing at 5:48 p.m. and approve !he proposed 2006 Budget adoption
and the 3rd Quarter 2005 Budget Reforecast.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
2005-85 NEW BUSINESS:
A. Tool & Die Recovery Zone Status for Northern Machine Tool. PLANNING
& ECONOMIC DEVELOPMENT DEPARTMENT
SUMMARY OF REQUEST: To approve the development agreement and
resolution establishing a Tool & Die Recovery Zone for Northern Machine Tool.
761 Alberta.
FINANCIAL IMPACT: The City will forego approximately $7.300 per year for a
total of approximately $109,545 in taxes for the 15-year period of the zone.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Development Agreement and the
resolution establishing a Tool and Die Recovery Zone, and authorize the Mayor
and Clerk to sign.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
Development Agreement and resolution establishing a Tool and Die Recovery
Zone for Northern Machine Tool.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
B. Filter Turbidimeter Replacement. WATER FILTRATION
SUMMARY OF REQUEST: To replace the existing ten filter turbidimeters at the
Water Filtration Plan!.
FINANCIAL IMPACT: $19,500 plus shipping and handling. Installation will be
made by staff.
BUDGET ACTION REQUIRED: This planned purchase is budgeted.
STAFF RECOMMENDATION: To purchase the ten filter turbidimeters from HACH
Company at a cost of $19,500 plus shipping and handling.
Motion by Commissioner Spataro, second by Commissioner Carter to authorize
the purchase of ten filter turbidimeters.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
C. Seyferth Park Skate Ramp. CITY MANAGER
SUMMARY OF REQUEST: To purchase a new ramp for the Seyferth Park Skate
Park from Sphon Ranch, Inc. from the City of Industry, CA in the amount of
$39,000 installed. Funds for the purchase will come from the Seyferth Fund w ithin
the Community Foundation for Muskegon County. ·
FINANCIAL IMPACT: $39,000
BUDGET ACTION REQUIRED: Authorize necessary budget adjustments.
STAFF RECOMMENDATION: To approve the purchase of a 6' x 16' Mini Half Pipe
Ramp (HD Series) from Sphon Ranch, Inc. which includes installation.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve
the purchase of a new ramp for the Seyferth Park Skate Park from Sphon Ranch,
Inc.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
2005-86 PUBLIC PARTICIPATION: Request for flags and markers for St. Mary's
and Sunrise Memorial Gardens Cemeteries.
Motion by Vice Mayor Larson, second by Commissioner Spataro to authorize
staff to pay the total amount of $6,599.74 one final time for Sunrise and St. Mary's
Cemeteries with the understanding that in the future we will be responsible for
cemeteries owned by the City only.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:24 p.m.
Respectfully submitted,
tLLO. ~·
Gail A. Kundinger, MMC ~
City Clerk
Date: September 13, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Transfer Request
Ruby Tuesday
1710 E. Sherman
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from RT Michiana Franchise, LLC b
transfer interest in the 2005 12 Months Resort Class C licensed
business by dropping Jerry Smith as member thru transfer of his 99%
interest to existing member, Ruby Tuesday, Inc. and by adding RT One
Percent Holdings, Inc. as a new member thru transfer of 1% interest
from existing member, Ruby Tuesday, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent upon final
inspection.
Req ID # 313944
STATE OF MICHIGAN
DEPARTMENT OF LABOR & ECONOMIC GROWTH
LIQUOR CONTROL COMMISSION
RESOLUTION
2005-82(c)
Ata Regular meeting of the _ _c_i_t"-:y:::---'-c...,..,o:-:m,--m--,i-::s::-s_i...,.,o,.,..n----o::----:-::------
(Regular or Special) Code b6.oause you. are an organ!zs.t:lon descrJ.bed
in sect: ion S09(a) (1) and 170(b) (1) (A)(v!).
The cle.sslfleatlon vas based on the. e.SsWJJpt:ion that your operations
would continue as sts.t:ed J.n /;he applJ.cat!on, If your sources of
support:., or your purposes, ch.srsct:er, or method of opez:a.t:Lons hs.\o""e
changed, please let:. us kn.w &0' ve can consider the effect: of t:he change
on your exempt st:atus and foundation status.
As of JanrJ-ary I, 1984, you liCe liable for taxes tmder Federal Insurance
Contributions Act (social security t:axes)· on remuneration of $100 or
1110re you pay to os.ch of your employees during a calendar year. You are
not 1Le.ble for t:/te ta:x: J.mposed under the Federal Unemployment T8X Act
(FUTA).
Orgen!zat:Lons tl1at: are not prJ.vat:e foundations s.re not subject co /;he
excise ttu:es under Chapter 42 of tho Code. Nov ever, you e.re not
s.ut:orno.t:Lcally exempt from ot;her Federal excise t:axes. It you Itave any
quesc!ons about: exo!se, employment, or ot;her Federal tsxes, please let
us la:Jow.
Donors II!D-y deduct contributions to you as provided 1n soctlon _170 of
the Code. Bequest:s, legacies, devJ.ses, transfers, or gifts to you or
for your use are deductible for Federal estate snd g!ft t:s.x purposes lf
they-meet t:he applicable provisions of sections 2055, 2106, and 2522 of
t:he Code.
CITY OF MUSKEGON
City Clerk's Office
933 Terrace Street
Muskegon, Ml 49440
(231) 724-6705
INVOICE
9-7-05
To: DHH Connection
W. Scott Peyton
3391 Merriam Street, Suite 101
Muskegon, MI 49444
Gaming license fee: $5.00
Please detach and return this portion with your payment.
Dllli Connection
Gaming license fee
INVOICE AMOUNT: $5.00
PLEASE REMIT TO: City of Muskegon
Clerk's Office
93 3 Terrace Street
Muskegon,MI 49440
September 15, 2005
Mr. W. Scott Peyton
Executive Director
DHH Connection
3391 Merriam Street, Suite 101
Muskegon,MI 49444
Dear Mr. Peyton:
Enclosed is the local governing body resolution for charitable gaming licenses
that was approved by the City Commission at their September 13th meeting.
If you have any questions, please call me at 724-6705.
Thank you,
Linda Potter
Deputy Clerk
enc.
Commission Meeting Date: September 13, 2005
Date: August 24, 2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Departmente£t,
RE: Request to Purchase Tax-Reverted Properties
SUMMARY OF REQUEST:
The State of Michigan is offering the City a number of tax-reverted properties acquired prior
to 2002 and available to us under the "old program" for the bargain price of $300 for the first
five properties and $20 for each additional property after that. Since the City continues to
mow and maintain these lots, even though they are State-owned, it would be advantageous
to the City to take ownership of them. We can then attempt to sell them and get them back
on the tax rolls. The Community and Neighborhood Services Department will be obtaining
seven of the properties from the list for their program, one of which is a home to rehabilitate.
FINANCIAL IMPACT:
Total cost of the 32 properties is $840.
BUDGET ACTION REQUIRED:
Expend the additional $840 necessary to purchase these parcels.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.
COMMITTEE RECOMMENDATION:
The Land Reutilization Committee recommended approval at their regular meeting of
August 23, 2005.
8/24/05
Resolution No. 2005-8 2 (e)
MUSKEGON CITY COMMISSION
RESOLUTION TO PURCHASE STATE-OWNED TAX REVERTED PROPERTY.
WHEREAS, Act 451, P.A. 1994, as amended, provides for the conveyance of State-owned tax-
reverted lands to municipal units for public purposes, and;
WHEREAS, such lands are under the jurisdiction of the State of Michigan, Department of
Natural Resources and are available for acquisition under the provisions of the above mentioned
act;
WHEREAS, the City of Muskegon desires to acquire such lands for purposes of selling the
property;
NOW THEREFORE BE IT RESOLVED, that the City ofMuskegon shall set up necessary
procedures and controls to provide for the property distribution of funds arising from the
subsequent sale of the acquired property in conformity with the above mentioned acts.
Legal Descriptions for 32 Properties are Attached.
Adopted this 1 3th day of September, 2005
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington
Nays: None
Absent: None
Gail A. Kundinger, MMC
Clerk
The City of Muskegon is interested in acquiring the following parcels:
1) City of Muskegon Revised Plat 1903 W Y, of Lot 8 Block 80
Parcel # 61-24-205-080-0008-00
Parcel ID # 1040874
488 McLaughlin
2) City of Muskegon Revised Plat 1903 N y, of Lot 6 Block 83
Parcel # 61-24-205-083-0006-00
Parcel ID # 1130446
1164 Kenneth
3) City of Muskegon Revised Plat 1903 That Part of Lot 3 Lying NW'ly of St hwy r/w
Block 146
Parcel# 61-24-205-146-0003-00
Parcel ID # 1130458
411 Seaway
4) City of Muskegon Revised Plat 1903 SE 62 Feet of Lot 3 Block 236
Parcel # 61-24-205-236-0003-00
Parcel ID # 1130467
1122 Spring
5) City of Muskegon Revised Plat 1903 S Y, of theN Y, Lots 11-12 Block 339
Parcel # 61-24-205-339-0011-10
Parcel ID # 1130477
1237 71h
6) City of Muskegon Revised Plat 1903 NY, of Lot I Block 382
Parcel# 61-24-205-382-0001-00
Parcel ID # 1130488
1163 Sanford
7) City of Muskegon Revised Plat 1903 E Y, of Lots 7 & 8 Block 42
Parcel# 61-24-205-042-0007-10
Parcel ID # 2020067
492 White
8) City of Muskegon Revised Plat 1903 W 44 feet ofN 165 Feet of Lot 4 Block 51
Parcel # 61-24-205-051-0004-00
Parcel ID # 2020071
723 Amity
9) City of Muskegon Revised Plat 1903 Lot 6 Ex S 50 feet Block 66
Parcel # 61-24-205-066-0006-00
Parcel ID # 2020072
477 E Apple
10) City of Muskegon Revised Plat 1903 Lot I 0 Block 69
Parcel# 61-24-205-069-0010-00
Parcel ID # 2020073
510 E Isabella
11) City of Muskegon Revised Plat 1903 N \'2 Lot 8 S y, Lot 9 Block 149
Parcel # 61-24-205-149-0008-00
Parcel ID # 202007 5
509 Octavius
12) City of Muskegon Revised Plat 1903 E y, Lot 1 Block 203
Parcel# 61-24-205-203-0001-10
Parcel ID # 2020076
391 Orchard
13)City of Muskegon Revised Plat 1903 S \'2 of Lot 1 Block 210
Parcel# 61-24-205-210-0001-00
Parcel ID # 2020077
923 Emerald
14) City of Muskegon Revised Plat 1903 Lot 3 Block 210
Parcel # 61-24-205-210-0003-00
Parcel ID # 2020078
305 Amity
15) City of Muskegon Revised Plat 1903 Lot 6 Block 250
Parcel # 61-24-205-250-0006-00
Parcel ID # 2020082
334 Catherine
16) City of Muskegon Revised Plat 1903 Lot 5 Block 261
Parcel# 61-24-205-261-0005-00
Parcel ID # 2020083
354 McLaughlin
17) City of Muskegon Revised Plat 1903 W 70 Feet of Lot 1 Block 264
Parcel# 61-24-205-264-0001-00
Parcel ID # 2020084
1310 Pine
18) City of Muskegon Revised Plat 1903 Part of Lot 10 Block 275 Desc as Comm@ SECor
of SD Block for POB th S 89 Deg 38 Min W 81 feet theN 60 feet th N 89 Deg 3 8 Min E
81 feet the S 60 ft to POB
Parcel# 61-24-205-275-0010-20
Parcel ID # 2020085
1479 Jiroch
19) City of Muskegon Revised Plat 1903 N 40 feet of Lot 4 Block 294
Parcel # 61-24-205-294-0004-00
Parcel ID # 2020086
1636 Pine
20) City of Muskegon Revised Plat 1903 E Yz Lot 10 Block 339
Parcel# 61-24-205-339-0010-10
Parcel ID # 2020090
536 W Muskegon
21) City of Muskegon Revised Plat 1903 N 91.5 Feet of Lot 5 Block 364
Parcel # 61-24-205-364-0005-00
Parcel ID # 2020093
1130 1' 1
22)City of Muskegon Revised Plat 1903 E Y, of Lot II Block 391
Parcel# 61-24-205-391-0011-10
Parcel ID # 2020096
238 Strong
23) City of Muskegon Revised Plat 1903 Lot I Block 449
Parcel# 61-24-205-449-0001-00
Parcel ID # 2020098
1686 71h
24) City of Muskegon Revised Plat 1903 Lot 2 Block 449
Parcel# 61-24-205-449-0002-00
Parcel ID # 2020099
1698 71h
25) City of Muskegon Erwin and Keating's Addition Lot 5 & N 5 Feet Lot 6 Block I
Parcel# 61-24-290-001-0005-00
Parcel ID # 2020105
1974 Park
26)City of Muskegon Wharncliffe Grove Part of Block 2 R P Eastons 2nd Sub Div Part of
Sec 32 Lot 53
Parcel# 61-24-890-000-0053-00
Parcel ID # 2020110
1979 Mcllwraitb
27) City of Muskegon Eastlawn Subdn. Of Blocks 3, 4, and 5 R.P. Eastons 2nd Subdn. Lots
25 & 26 Block 10
Parcel# 61-24-255-010-0025-00
Parcel ID # 1003402
1974 S Getty
28) City of Muskegon Revised Plat 1903 S Y2 Lot 12 Block 389
Parcel# 61-24-205-389-0012-10
Parcel ID # 1102279
1359 6 1h
29) City of Muskegon Revised Plat 1903 Block 435 Lot 6
Parcel # 61-24-205-435-0006-00
Parcel ID # 411669
753 W Forest
30) City of Muskegon Revised Plat 1903 Lot 9 Block 406
Parcel # 61-24-205-406-0009-00
Parcel ID # 411612
1434 7th
31) City of Muskegon Revised Plat 1903 SLY 40 feet ofWLY 66 feet Lot 7 Block 376
Parcel# 61-24-205-376-0007-15
Parcel ID # 411574
1366 7th
32) City of Muskegon Revised Plat 1903 ELY 44 feet ofWLY 88 Feet Lots 8, 9, 10 Block
152
Parcel # 61-24-205-152-0008-10
Parcel ID # 411149
361 Sumner
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
meeting held on September 13,2005. ~ .j
by the City Commission of the City ofMuskegon, County of Muskegon, M ichigan at a regular
By: 0
_:p;.~~~L:.~
.~~~~~
Gail A. Kundinger, MM
Clerk
AGENDA ITEM NO. _ _ _ _ _ __
CITY COMMISSION MEETING September 13, 2005
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: August 31, 2005
RE: County Wastewater Easements
SUMMARY OF REQUEST:
To approve two agreements with Muskegon County which grants easements to the County
across City property for the purpose of the County constructing and maintaining water lines.
FINANCIAL IMPACT:
$1,600 in revenue to the City.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the two attached easement agreements.
COMMITTEE RECOMMENDATION:
None
EASEMENT
2005-82(f 1 )
Indenture made this 13th day of September A.D., 2005, between the City of Muskegon,
whose address is 933 Terrace Street, Muskegon MI 49440, as Grantor, and the County of Muskegon, a
municipal corporation, by and through its Board of Public Works, whose address is 990 Terrace Street,
Muskegon, Michigan, 49442, as Grantee, hereinafter referred to as the "County" or "Grantee",
Grantor is the owner of certain property, hereinafter described, and the County of Muskegon is
desirous of obtaining an easement over and upon a portion of said premises for the purpose of constructing,
maintaining and using certain waste water lines.
Grantor is willing to grant and convey to the County an easement for said purposes upon the
terms and conditions hereinafter set forth, upon the premises described in Exhibit "A: attached to and made part
hereof.
RECITALS
Witnesseth, that the Grantor, for and in consideration of the sum of One Thousand One Hundred
and No/!00 Dollars ($1,100.00), lawful money of the United States, to them in hand paid by the County, the
receipt of which is hereby acknowledged, do by these presents grant, and convey unto the County of Muskegon
and its successors and assigns, permanent easement over, across and under strips of land situated in the City of
Muskegon, Muskegon County, Michigan, which said strips of land are described on the easement drawing that
is attached hereto and made part hereof, for the purpose of clearing, trenching for, laying, constructing,
maintaining, repairing and using sewers or pipe lines necessary or convenient to the County general plan for the
Muskegon County Wastewater Management System.
Grantor grants and conveys to the County herewith, the right and privilege to use the temporary
easement for the initial construction of said sewer lines, pipes and mains, which shall expire after same are
constructed, but not after the calendar year 2009, whichever shall first occur.
PROVIDED HOWEVER, that:
1. The County shall restore the premises to the same condition they were in prior to such
construction, maintenance, repair or alteration, except for tree removal.
2. County shall provide Grantor with a temporary roadway for pedestrian and vehicular
traffic when such construction, maintenance, alterations, and repairs interfere with the Grantor's ordinary
pedestrian and vehicular access to the premises.
3. County shall cooperate with Grantor to cause the least inconvenience to Grantor during
such construction, maintenance, alteration and repairs and complete such work as soon as reasonably possible.
4. County in excavating for, constructing, laying, maintaining and repairing said sewer line,
shall do as little damage as possible to the premises of Grantor, and it shall make good all of such damage to
Grantor.
E124 Page 1 of2
5. County shall so construct and maintain the sewer lines within such easement to prevent
the escape or discharge of noxious odors or sewage upon the premises of Grantor.
6. All work performed by the County, its agents and employees will require an inspection
by City personal prior to the completion of the restoration of said easement area.
7. It is understood and agreed that all futures crossings for utilities shall be allowed in the
easement area.
8. The above special provisions form a part of the consideration for this conveyance in
addition to the monetary consideration above set forth.
IN WITNESS WHEREOF, Grantor has executed this Agreement on the year and day shall be
performed in accordance with good engineering practice with the lease possible inconvenience to the Grantor
and pursuant to all governmental laws, regulation and ordinances.
Print Name
Mayor
Title
STATE OF MICHIGAN )
) ss.
COUNTY OF MUSKEGON)
S ty? I ember , A.D., 200 .J, before me personally appeared Sten/zen LT.
/l a r to me known to be the pers6n described in
and who executed the forego in mstrument and acknowledged that Ae.. executed the same as ~ 1 s
free act and deed.
Notary Public L;n/a. S /o flt'r
County of ,/JZA.s kc:J"oo
My Commission Expires: 9-,JS-{) 6
EI24 Page 2 of2
EASEMENT
2005-82(f 2 )
Indenture made this 13th day of September A.D., 2005, between the City of Muskegon,
whose address is 933 Terrace Street, Muskegon MI 49440, as Grantor, and the County of Muskegon, a
municipal corporation, by and through its Board of Public Works, whose address is 990 Terrace Street,
Muskegon, Michigan, 49442, as Grantee, hereinafter referred to as the "County" or "Grantee",
Grantor is the owner of certain property, hereinafter described, and the County of Muskegon is
desirous of obtaining an easement over and upon a portion of said premises for the purpose of constructing,
maintaining and using certain waste water lines.
Grantor is willing to grant and convey to the County an easement for said purposes upon the
terms and conditions hereinafter set forth, upon the premises described in Exhibit "A: attached to and made part
hereof.
RECITALS
Witnesseth, that the Grantor, for and in consideration of the sum of Five Hundred And Noll 00
Dollars ($500.00), lawful money of the United States, to them in hand paid by the County, the receipt of which
is hereby acknowledged, do by these presents grant, and convey unto the County of Muskegon and its
successors and assigns, permanent easement over, across and under strips of land situated in the City of
Muskegon, Muskegon County, Michigan, which said strips of land are described on the easement drawing that
is attached hereto and made part hereof, for the purpose of clearing, trenching for, laying, constructing,
maintaining, repairing and using sewers or pipe lines necessary or convenient to the County general plan for the
Muskegon County Wastewater Management System.
Grantor grants and conveys to the County herewith, the right and privilege to use the temporary
easement for the initial construction of said sewer Jines, pipes and mains, which shall expire after same are
constructed, but not after the calendar year 2009, whichever shall first occur.
PROVIDED HOWEVER, that:
I. The County shall restore the premises to the same condition they were in prior to such
construction, maintenance, repair or alteration, except for tree removal.
2. County shall provide Grantor with a temporary roadway for pedestrian and vehicular
traffic when such construction, maintenance, alterations, and repairs interfere with the Grantor's ordinary
pedestrian and vehicular access to the premises.
3. County shall cooperate with Grantor to cause the least inconvenience to Grantor during
such construction, maintenance, alteration and repairs and complete such work as soon as reasonably possible.
4. County in excavating for, constructing, laying, maintaining and repairing said sewer line,
shall do as little damage as possible to the premises of Grantor, and it shall make good all of such damage to
Grantor.
El25 Page I of2
5. County shall so construct and maintain the sewer lines within such easement to prevent
the escape or discharge of noxious odors or sewage upon the premises of Grantor.
6. All work performed by the County, its agents and employees will require an inspection
by City personal prior to the completion of the restoration of said easement area.
7. It is understood and agreed that all futures crossings for utilities shall be allowed in the
easement area.
8. The above special provisions form a part of the consideration for this conveyance in
addition to the monetary consideration above set forth.
IN WITNESS WHEREOF, Grantor has executed this Agreement on the year and day shall be
performed in accordance with good engineering practice with the lease p inconvenience to the Grantor
and pursuant to all governmental laws, regulation and ordinances.
Stephen J . Wa rmington
Print Name
Mayor
Title
STATEOF MICHIGAN )
) -ss.
COUNTY OF MUSKEGON)
___:::::::..!:<'-#-!-.JLL.:~._L2_,._ _, A.D., 200 ~ before me personally appeared 5 t(.olz e r"J J.
o/ to me known to be the persbn described in
and who ex cuted t e foregoing instrument and acknowledged that oc
executed the same as A/.s
free act and deed.
Notary Public L/ncla s. / 'c> J"Tt"'.r
County of /l/us ~e /l
My Commission Expires: [- ;zs--0 b
E125 Page 2 of2
.·
Commission Meeting Date: September 13, 2005
Date: September 6, 2005
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department GJ,c; .
RE: Approval of contractor for completion of
Rehabilitation of structure at 458-460 Mulder
SUMMARY OF REQUEST: To approve the contract with Nobles
Incorporated 210 East Broadway Muskegon, MI. for the completion of
the rehabilitation of the city owned home at 458-460 Mulder for Sixty
Eight Thousand Four Hundred Thirty Nine dollars ($68,439)
Operation: Two will be made into one. This present two-unit structure
will be converted into a single family home in order to be more
conforming to the immediate neighborhood. After the rehabilitation is
completed the home will be marketed to qualified eligible first time
homebuyers
The CNS office received two other bids for this project Top Notch
Design 4740 Jenson Fruitport, ($96,995) Lewis Johnson Builders 1607
Bonita Court of Grand Haven ($82,800)
FINANCIAL IMPACT: The funding for this project will be taken from the
City's HOME funds from fiscal year 2004 and program income.
BUDGET ACTION REQUIRED: None required
STAFF RECOMMENDATION: To approve the Community and
Neighborhood Services request.
COMMITTEE RECOMMENDATION:
24-205-018-0005-10 458 MULDER ST STREET VIEW 11-2000
Commission Meeting Date: September 13, 2005
Date: September 6, 2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Cf6c...
Department
RE: City-County Agreement for Community
Development Block Grant (CDBG) Funds
SUMMARY OF REQUEST: To approve the Agreement between the
City and the County for the expenditure of CDBG funds for the
Neighborhoods of Choice project.
FINANCIAL IMPACT: The City will receive $500,000 in grant funds
from the State of Michigan, through the County of Muskegon for the
project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Agreement and
authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
AGREEMENT
This Agreement is made as of 5 ¥: feJader L3 , 2005, between the County ofMuskegon
("County"), and the City of Muskegon(" ity").
RECITALS
A. The City intends to make improvements to streets, walkways, and landscaping in
the North Nelson Neighborhood, located in the City ofMuskegon, ("Neighborhoods of Choice
Infrastructure Project").
B. The City requested the County to apply for a Community Development Block
Grant ("CDBG") in the amount of Five Hundred Thousand Dollars ($500,000), for the
Neighborhoods of Choice Infrastructure Project.
C. The County applied for the grant and was approved for CDBG funding in the
amount of Five Hundred Thousand Dollars ($500;000) by the Michigan Economic Development
Corporation ("MEDC").
TERMS AND CONDITIONS
Therefore, in exchange for the consideration referred to by this Agreement, and effective
beginning on the date the County accepts and executes the CDBG Agreement with the MEDC,
the parties agree as follows:
1. The County shall be responsible for all administrative matters to obtain
reimbmsement on behalf of the City under the terms of the CDBG program for the expenses
incurred by the City and shall forward monies received to the City.
2. The City shall be subject to all requirements contained in the attached CDBG
Agreement between the County and MEDC (See Exhibit 1). The City shall provide the County,
within a reasonable time, any information and cooperate in any other reasonable manner to
assure compliance with the CDBG Agreement.
3. City agrees to exonerate, save harmless, protect and indemnify County, its
departments, officers, employees, and agents from and against any and all loss, damages, claims,
suits, actions, judgments and costs, which may arise or grow out of any actions or omissions
caused by City's officers, employees, or agents tmder this Agreement. Provided, however, City
may defend instead of indemnify County in the event County is sued for City's actions, if it
would be reasonable due to the nature of the case.
4. County agrees to exonerate, save harmless, protect and indemnify City, its
departments, officers, employees, and agents from and against any and all loss, damages, claims,
suits, actions, judgments and costs, which may arise or grow out of any actions or omissions
caused by County's officers, employees, or agents under this Agreement. Provided, however,
C:\Documents and Settings\Administrator\Local Settings\Temporary lntcmet Files\OLK2S\GDBGAgmt-neighborhood· 8·1 6·054.DOC
County may defend instead of indemnify City in the event City is sued for County's actions, if it
would be reasonable due to the nature of the case.
5. This is the entire agreement between the pmties as to its subject, and is binding
upon any successors or permitted assigns of the parties. It shall not be amended or modified
except in writing signed by the pa1ties.
6. This Agreement shall be interpreted and constmed in accordance with Michigan
law and the parties agree to jurisdiction and venue within the comts for the County of Muskegon.
7. This Agreement may be executed in any number of counterparts, each of which
shall constitute an original and all of which shall constitute one and the same agreement.
This Agreement has been executed as ofthe first date written above.
Attest:
By: ~Q ,
Gail A. Kundinger, MMC, Cle
County of Muskegon
B~&itJ
Bill Gill, Chairman
Attest:
~om\J. &ill
Ka .n Bme, Clerk
C:\Docwnenls and Sellings\Administralor\Local Scttings\Temporary Internet Files\OLK251G DI3GAgmt-neighborhood-8-16-054.DOC
Date: September 13, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Request for an Encroachment Agreement
SUMMARY OF REQUEST:
BLDI environmental who is working with Ken's Super Service Station at the
north west corner of Laketon & Henry has submitted the enclosed
encroachment agreement form requesting your permission to install five (5)
monitoring wells in the area surrounding the aforementioned station. The
wells would be installed in the public right of ways of Hudson, Laketon, Henry
& Division.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the encroachment agreement subjects to the supplemental
conditions and compliance with the necessary insurance requirements.
COMMITIEE RECOMMENDATION:
None
flu,~.25 05 03:57p Cit~ Of Musk•~on En~ine~r 2317276804 p.c'
CITY OF MUSKRGON
ENCROACHMENT AGREEMENT AND PERMIT
THIS AGREEMENT is madu and entered into this /3 ~ day of S5.t>lemh 20 O.S:by
and between the CITY OF MUSKEGON, a municipal corporation (hercinaHcr called CITY), and
1?t:DI; :{he· (hereinafter called LICENSEE).
RECITALS
I. LICENSEE propo~es to install, repair or maintain improvements or facilities ("the
encroachment"), in or abutting a street, alley, sidewalk, park, terrace or other property controlled or
owned by the City of Muskegon, the encroacllment being described as
-tk w~):"{{"11<5;J of trJori ~~r;j w:lfs f)[ purplliRS of rr1w.sdJ~K>k.ng Jn:·f
2. The City-owned or controlled property (herein "property") subject to the encroachment is
descri ~ed as:
[please insert a general deSc1iption, and if required by the CITY, an accurate legal description]
3. The CITY is willing to grant such privilege upon the terms and conditions herein. This
u~;:reem.ent shall coJlStitute a pem1it under section 18-19 of the Code of Ordinances, but shall apply to
any encroachment on public ways or property.
THEREFORE,
I. CITY docs hereby grant unto LICENSEE the privilege or X constructing,
-~installin1;, _ ___c><
_ _ maintaining, __X__ repairing and pcrfom1ing all necessary functions
relating to the cncrouchmcnt, and for that purpose to enter the property, for the tcm1 herein stated.
\\Mtr~ktlatOI\L);IIi!\L::NCiJSF.ERJNGI("QMMt)N\Illii{MlT I'()RMS\F.rii'IWI.)hmt•nl Agrcci11CIII illHlf'l.:nnil.doc
Av~·25 05 03:58p p . ..:)
111is privilege shall be effective upon the issuance of an encroachment pe1mit, which shall be issued
only aller npproval of this ngreemcnt by the City Commission and delivery to the CITY of the required
evidence of insurance coverages.
This grant is ~ubject to the following ~pecial condition~: _ _!l'-'--t'-'-t:"'a'-'c"'h'-'-'e'-'Jl~---
2. That LICENSEE shall pay to the CITY for the privilege hereby t,;rantcd the sum of
One //4JrcrR fu/<'oj;,v-/.yc.- Dollars (S /~ ). such payment to be made upon the signing
of this agreement to be dated as of the /Jr-1 day of , '>')aleazJ'ec 20 o,;-; to the City
Treasurer of the City ofMuskcyon, and the privilege hereby granted shall continue for a period to
terminate the first day ofMay, fQLQ_ unless sooner tenninated as hereinafter provided.
3. INDEMN1FICATION. The LICENSEE shall indemnify and save hannless said GRANTOR
of and from any liability for claims, damages, costs, expenses, or fees, including any atlom~y fees, or
fmes or awards brought against or charged to the CITY by any person, fmn or corporation on account
of or arising from the privilege hereby granted to LICENSEE or the activities of the LICENSEE
related to the encroachment or this privilege. This indemnification obligation shall include all liabilities
for environmental damage or releases of hazardous substances subject to any governmental or third
party action. "Hazardous substancw
5
500.000
OTHER Pollvllon
10/01/2004 10/01/2005
t: l.IJrSf:AS~ ·POLICY LM!I
'
Each Occurror.co 2.00?.00
A Pmffnlonal
FEC5103245 Each OccvrnHlCfl 2,000,00
DESCRIPTION Of Of'ERAliONS/ LOCA liONS I VEHICLES/ EXCLUSIONS AOOEOBY ENDOMSEMENll SPECIAl PROVISIONS
The City of Muskegon is named as an Additional Insured as their interest may appear with respect to
Project at Ken's Super Serve Site
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELlED BEfORE THf f)(P!RAl!ON
DATE THEREOf, lHE ISSUING INSURfR WILL ENDEAVOR TO MAIL _1Q_ OA'fS WRinEN
City of Muskegon NOliCE TO THE CERllfJCATE HOLOERNAMEO 10 lHE LEfl. BUT fAILURE TO DO SO SHAll
933 Terrace Street IMPOSE NO OBUGATION OR LIA6fUTY Of AN'!' KINO UPON lHE INSURER, ITS AGENTS OR
Muskegon M/49441 REPRESENl AliVES.
~,cg..... ~- ~
AUTHOR/lEO REPRESENT AliVE
\.U...
I
ACORD 25 (2001/08) ©ACORD CORPORATION 1988
SEP 06 2005 3:39PM BLDI 616-459-5357 p.2
MANAGING ENVIRONMENTAL HEALTH AND SAFETY
VIA FACSIMILE
Soptember 6, 2005
Mr. Muhammad Al-Shatel, PE
City of Musbson, EnpeoriDg Departmellt
933 Terrace
Muskegon, MJ 49440
Re: lneroaclament for IDit.lllq Mollltonq WeDa
Dear Sir:
The purposc of this letter is to provide you with baclcaround on the encroachment
application mbmilted fur purposes of allowing BLDI to inBtall monitoring wells in the
area of the Henry and Laketon intersection in the City of Muskegon.
The need fur the wells i1 due to a confirmed releate of gesoline from the underground
atorage taakl (USTa) serving Ken's Super Serve station, located 011 the northwest comer
of Hemy 1nd Laketon. The releue of paoli= was diiCOvcred in April of 2003 and is
~ked by the Michigan Department ofEnviromnental Quality (MDEQ) u releuc
number C-0154-03. Some invmiptioll work hu been perfomled to date, but m:ently
the MDEQ demanded more prompt aotion in completing the work necessary to fully
delineate the soil and l!'oundwllll:r impact at the lite. The monitorine wells serve to
determine the lateral spread of dissolved eoncenlrlltions of gaaoline in the aroundwater .
.BLDI intends to drill these monitoring wells using either direct push (cores of soil are
removed to open a hole in the ground) or via our traditioDBl hollow stem auger drill rig.
In either case, the soil telli!J8& will be collected and colllllinerized fur disposal. The
ftnilhcd well exposes ollly a fllllh mo1111led, small dilllliCter manhole cover to the public.
These mllllhole covers are boiled in place 11Dd are not ~K:Ceasible without tools. All wells
will be installed in lllldsuped are& of the riahtl of way, with the surface restored to
current conditioll.l followi!J8 installation.
Once inatalled. BLDI anllcipatea accessing and sampling the monitoring wells on a
quarterly basis for approximately 3 to S years. The frequency and duration of the
groundwater samplilliJ entirely depends on MDEQ rcquiremenll for site closure, but
typically closure will not oecUI in less than 3 years time. Once closure bas been
achieved, tho MDEQ requires that the monitoring wells be ab11Dd01lcd in ac:cordanlle with
ASTM standards. Typic:ally, Ibis includes aroutin& tho well closed and removing the
upper portions of the well/manhole wcmbly.
I S O - SUcct Nl! Gnnd 1\op!dJ, MI 49503 Pbone 616.ol59.3737 fox 616.469.5357 E-mail bldiObldl.com Weboio:c....,..bldl.com
SEP OG 2005 3:39PM llLDI 616--459-5357 p.3
Mr. Muhammad Al-Shat11l, PB
September 6, 2005
Pago2 of2
The grolVI.dwater ~ the vicinity of Laketon and Henry is at a depth of approxima!ely 26
feet below the surfilce. No public GXJ'O:IIIlll ooncema are present due to the diaaolved
concentrationa ofgaaollne in the groundwater. Additionally, BLDI's inSiallation and
sampling of the groundwater wells will not pose any public exposure COJICCI'JlJ.
Please telephone me with any questioas or concerns regardiDg the mollitoring well
installation or I!IIC1'08Chment application.
Richard N. Spehar, P.E.
Senior Project Manager
BLDI ISO Fountain SUUI NE Grand lopidl, Ml4960a Phooc616.4S9.37a7 Fu 616.459.5357
Date: September 13, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display- Blue Corner Boxing
SUMMARY OF REQUEST: Blue Corner Boxing is requesting approval
of a fireworks display permit for their boxing event at the L C Walker
Arena on September 24, 2005. Fire Marshall Metcalf will inspect the
fireworks on the day of the event
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of the insurance.
2005-82(j)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworlcs in the amounts, for the purpose, and
at the place listed below only.
TYPE OF DISPLAY: QC) PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL
ISSUED TO: West Michigan Burnerz
NAME 17355 Spring Hill
ADDRESS AGE
Spring Lake, MI 49456
REPRESEN11NG Blue Corner Boxing
NA,'.IE OF ORGANIZATION, GROUP, FJR.\1 OR CORPORATION
ADDRESS 143 w. Sherman Blvd.
NUMBER & TYPES OF FIREWORKS:
small baton wands with fire
DISPLAY: L. c. Walker Arena, Muskegon, MI
EXACT LOCATION
September 24, 2005 9:30 p.m.
CITY, VILLAGE, TOWNSHIP DATE TIME
BOND OR INSURANCE FILED: ()NO AMOUNT $1 , 000, 000.
ISSUED BY·
Issued by action of the tvUISKEGON CITY COMMISSION
(council, a~mmiuion, board.}
of the CITY
(1•!9l•l'llrc &:. posttlon of Goon~il. oommiuion Qf baud represmu.civc}
J-lc2-osJ
FM- 32( 12- 68)
APPLICATION
FOR FIREWORKS DISPLAY PERMIT
Act 358, P.A. 1968 I DATE, (F A7~CATION
'1 /2 !J)
0
I. TYPE OF DISPLAY'
94- Public Display Agricultural Pest Control
2. APPLICANT \)iAAE ( ·,\t?>~~m /J,n><,J{,
N1{E OF PE~N
I
Aomss ~J
AGE: Must be 21 or over
A-vi l ~l.lltA E.. (1.- )l-lf)~W.ftrl 6L41) zs-
IF A CORPORATION: Name of President ADDRESS
3. PYROTECHNIC OPERATOR
NAME ADDRESS AGE: Must be 21 or over
IN{?)( /UICi-1 l&\?J bUtW!;l'Z'C
EXPERIENCE:
NUMBER OF YEARS I NUMBER ~F DISPLAYS WHERE
NAMES OF ASSISTANTS:
NAME ADDRESS AGE
NAME ADDRESS AGE
4. NON-RESIDENT APPLICANT
NAME ADDRESS
Name of Michigan Attorney or Resident Agent ADDRESS TELEPHONE NUMBER
5, EXACT LOCATION OF PROPOSED DISPLAY
LC wAt-!l£2 ~.ff'
DATE
ITIME
CJ I ztf /o-
(Subject to Approval of Local Fire Authorities)
A, AMOUNT OF BOND OR INSURANCE
7. FINANCIAL RESPONSIBILITY {to be set by municipality) $
B. BONDING CORPORATION OF INSURANCE COMPANY: NAME I ADDRESS
(See other s1de for mstruct1ons)
~eP.I2. 2005 I I :08AM WALKER ARENA-MUSK No.9829 P. 2
COMM&ROIAL LINES POLICY· COMMON POLICY DECLARATIONS
NAUTILUS INSURANCE COMPANY
Scottsdale, Arizona
Transaction Type: Renewal F'ollcy No. NC432992
Flenawal of Pelley 11 NC339542 Inspection Orderad:
Rewrite of Polley# - - - - - - 0 Yes l 1J No
THJ:: WHITE AGENCY
Cross Ref, Polley# ----~- . FREMONT, MIC.HIGAN
Named Insured and Mailing Address
(No., Stroot, Town or City, County, Stato, Zip Coda) NOTICE
W. M, SIJRNERZ
The coverage afforded by this
17355 SPRING HILL policy is restricted. Please
SPRING LAKE MI 49456- read your policy carefully,
No Flat Cancellati<:>ns
Agent and Mailing Address Agency No. onoo- oo
(No., Stroot, Town ot City, County, State, Zip Codo)
J,M, Wilson Corporation . THIS INSURANCE IS WITH AN INSURER
8036 Moorebridge Road NOT LICENSED IN MICHIGAN. IN CASE
Portage, MI 49024
OF INSOLVENCY, PAYMENT OF CLAIMS
MAY NOT BE GUARANTEED.
NO FLAT CANCELLATION
~~Hg~: From OS/12/20P5 to 05/12/2006 at12:01A.M.StandardTimeat'yourmalllngaddressshownabove.
BUsiness Description: ENTERTAINllfl.S Tax State MI
Form of Business: D Individual D Partnership D Joint Ventura D Trust D Limited Liability Company (LLC)
· · ~ Organization, Including a Corporation (but not Including a Partnership, Joint Venture or LLC)
IN RETURN FOR IHE PAYMENT OF THE PI 3
Req ID # 3099 53 {Authorized by MCL 436.1217) P.o. Box 3ooo5 g..- jtp-cr>
Lansing, Michigan 48909-7505 VZr111
Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fingerprint cards to the Commission.
BUSINESS NAME AND ADDRESS: (include zip code)
PORT CITY CRUISE LINE, INC. (PORT CITY CRUISE LINE), 560 MART, MUSKEGON, Ml 49440,
MUSKEGON COUNTY
REQUEST FOR:
REQUEST TO TRANSFER LOCATION OF 2005 WATERCRAFT LICENSED BUSINESS WITH
DANCE-ENTERTAINMENT PERMIT AND 250 PASENGERS FROM 1133 W. WESTERN, NORTH
MUSKEGON, Ml 49442, MUSKEGON COUNTY.
j Section 1. APPLICANT INFORMATION I
APPLICANT #1: NO FINGERPRINTS REQUIRED APPLICANT #2:
}CONTACT: SYLVIA PRECIOUS, PRESIDENT
.J 231 )728-8387/(800)853-6311
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
DATE OF BIRTH: t/-/6 .. 31 DATE OF BIRTH:
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
0 0
Does the applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status?
DYes D No DYes D No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date fingerprinted: ""'/,4- Date fingerprinted:
[ Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I
ARREST RECORD: D Felony 0 Misdemeanor ARREST RECORD: 0 Felony 0 Misdemeanor
Enter record of all arrests & convictions {attach a signed and dated Enter record of all arrests & convictions {attach a signed and dated
1·eport if more space is needed) report if more space is needed)
l' ~~ection 2. Investigation of Business and Address to be Licensed I
;·L)oes applicant intend to have dancing or entertainment?
No p..~Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
'
·A re gas pumps on the premises or directly adjacent? 0 No :MOYes, explain rel~tion ship: S' e v er-c..L /, vJ?d ,.:.,f >-'o....,v{<; eu.uy
1/~ t"cl' /-<.,.... co;r-1} f?;~ ,tOv";fP&-Sf"s/ /?, u>. / .,(!.J-'5: //?? c..ri}T~.? O.."'Ce , Ee....cJ, ,Pv . - / IS' L c .:.U 3
Michigan Department of Labor & Economic Growth 8"-16 r(}S
LIQUOR CONTROL COMMISSION
7150 Harris Drive fl~t'!
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201 (4 )]
To: MUSKEGON POLICE DEPARTMENT Date: August 2, 2005
CHIEF OF POLICE REF#: 309953
980 JEFERSON STREET, PO BOX 536
MUSKEGON, Ml 49443-0536
Chief Law Enforcement Officer
Applicant:
PORT CITY CRUISE LINE, INC. (PORT CITY CRUISE LINE) REQUESTS TO TRANSFER LOCATION
OF 2005 WATERCRAFT LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT AND 250
PASENGERS FROM 1133 W. WESTERN, NORTH MUSKEGON, Ml49442, MUSKEGON COUNTY TO
560 MART, MUSKEGON, Ml 49440, MUSKEGON COUNTY.
Please make an investigation of the application. If you do not believe that the applicants are
qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on
Liquor License Request, LC-1800, or for Detroit police, the Detroit Police Investigation of
License Request, LC-1802. If there is not enough room on the front of the form, you may use
the back.
Forward your report and recommendations of the applicant to the Licensing Division.
If you have any questions, contact the Licensing Division at (517) 322-1400, after 10:00 a.m.
LC-1972 Rev. 9/17
4880-1658
sfs
LIQUOR LICENSE REVIE\V FORM
llu
f {}; / zt /)ru/s e
Business Name: --~~~---=~~~--~~~~~~--~~~~-------- L>; '(
AKA Business Name (if applicable): ------------------------------
Operator/Manager's Name: -------------------------------------
Business Address: .$"{; 0 11/o.c t
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location ~
Drop/Add Stockholder Name D New Entertainment Permit D
Other _____________________________________________________
Deadline for receipt of all information: ----------------------------
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved ~ Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signatnre ~::--
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
I.JIQUOR LICENSE llliVIEVv F,ORM
/2rf
{!;/ 't /)('U/s e r
Business Name: ----~~--~~~~--~~~~~~--~~~~-------- L>7
AKA Business Name (if applicable): - - - - - - - - - - - - - - - -
Operator/Manager's Name: - - - - - - - - - - - - - - - - - - - - - -
Business Address:
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location )81
Drop/Add Stockholder Name D New Entertainment Permit D
Other
------------------------------
Deadline for receipt of all information: - - - -- - - - - -- -- -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
/
Treasurer Approved ,~ Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Signatnr~
o.:li S;:
Department
Please return to the City
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE W FORM
Business Name: idrf eli
--~~~---=~
'f C rv/s e
~~--~~~~~--~~~~--------
L>7 r
AKA Business Name (if applicable): - - - - - - ---------- -----------
Operator/Manager's Name: -----------------------------------
Business Address: 5"0 0 1!/o..c I
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location JZf
Drop/Add Stockholder Name D New Entertainment Permit D
Other
-----------------------------------------------
Deadline for receipt of all information: ------------------ -- -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved }Ri Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature 0
;;;2;~;{, ~ ~~
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
7-;t-os-'
LIQUOR LICENSE REVIEW FORM
t£r
f {}; / r- /)r v/s e
Business Name: ----~~--~~~~--~~~~~~--~~~~-------- L·n~
AKA Business Narne (if applicable): -----------------------------
Operator/Manager's Name: ---------------------------------
Business Address:
Reason for Review:
New License 0 Transfer of Ownership 0 Dance Permit 0
Drop/Add Name on License 0 Transfer Location JZI
Drop/Add Stockholder Name D New Entertainment Permit D
Other
----------------------------------------------------
Deadline for receipt of all information: - - - - - - - - - - -- - -- - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing 0 Amount:
Zoning Approved ~Denied 0 Pending ZBA 0
Clerk's Approved Owing 0 Amount:
Fire/Inspections Approved 0 Denied 0 Remaining Defects 0
Department Signature_________________________________ ___ _
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
/
7 -;J-o.s-'
LIQUOR LICENSE REVIEW FORM
/2r
f C/1 tt e e
Business Name: ----~~--~~~~--~~~~~--~~~~--------
· Crv/s /;"~
AKA Business Name (if applicable): ------------------------------
Operator/Manager's N arne: - ----------------------------------
Business Address:
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location J8l
Drop/Add Stockholder Name D New Entertainment Permit D
Other
-------------------------------------------------------
Deadline for receipt of all information:
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D ~wing D Amount:
Fire/Inspections Approved ~ Denied D Remaining Defects D
!/c.ss,. / paY u,vot< /
Please return to the City Clerk's Offi e
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORlVI
Business Name: !?u f (}; i y Crv/s e
----~~--~~~~--~~~~~.--~~~~--------
//·/7 -e
AKA Business Name (if applicable): __________________
Operator/Manager's Narne: -------------------------------
Business Address:
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location ,JZl
Drop/Add Stockholder Name D New Entertainment Permit D
Other ______________________________________________
Deadline for receipt of all information:
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections ' Approved~ Denied D Remaining Defects D
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
.Jo'1155
STATE OF MICHIGAN
t-J{;·-05
DEPARTMENT OF LABOR & ECONOMIC GROWTH r(Z1'b(j
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909-7505
LOCAL APPROVAL NOTICE
(Authorized by MCL 436.1501(2) and MAC 1105(2)(d))
Req ID: 309953
Date: August 2, 2005
To: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, MI 49443-0536
Applicant: PORT CITY CRUISE LINE, INC.
Home Address And Phone No:
CONTACT: SYLVIA PRECIOUS, PRESIDENT (231)728-8387/(800)853-6311
Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501
of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL 436.1916.
For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval or
disapproval of the application was made at an official meeting. Please return the completed resolution
to the Liquor Control Commission as soon as possible.
If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322-
1400.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
RECEIVED
LC-1305 REV 9/17
4880-1234
AUG 1 6 2005
\ MUSKEGON
. CITY MANAGER'S OFFICE
Affirmath·e ACUon
(231)724-6703
FAX: (231)722~1214
Assessor /Eq uallzatlon
(231)724-6708
FAX: (231)72~5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231 )724-6724
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)724-4405
Clerk
(231)724-6705 September 8, 2005
FAX: (231)724-4178
Community and
Nelgb. Services
(231)724-6717
FAX: (231)726-2501 Ms. Sylvia Precious
Computer Info.
Port City Cruise Line, Inc.
Systems 560 Mart Street
(231)714-6744
FAX: (231}722-4301 Muskegon,MI 49440
Engineering Dept.
(231)724-6707 Dear Ms. Precious:
FAX: (231)727-6904
Finance Dept. This letter is to inform you that your request to transfer location of the 2005
(231}724-6713
FAX: (231)724-6768
Watercraft licensed business with Dance Entertainment and 250 passengers from
1133 W. Western to 560 Mart Street will be presented to the City Commission on
Fire Department
(231)724-6792 September 13, 2005. This meeting begins at 5:30p.m. and is located in the City
FAX: (231)724-6985 Commission Chambers, 933 Terrace, Muskegon, MI.
Income Tax
{231)724-6770
FAX: (231)724-6768
This request has also been sent to the Nelson Neighborhood Association for their
comments. It is Commission practice to let the Neighborhood Association know
Inspection Services
(231)724-6715
of any liquor license requests that are located within their boundaries. This allows
FAX: (231)728-4371 for comments from the people who live there and not just from the owners of the
Leisure Services business' who are located there.
(231)724-6704
FAX: (231)724-1196
Sincerely,
Mayor's Office
(231)724-6701
FAX: {231)722-1214
Planning/Zoning
(231)724-6702 Linda Potter
FAX: (231)724-6790
Deputy Clerk
Pollee Deptartment
(231}724-6750
FAX: (231}712-5140
Public Works Dept.
(231)724-4100
FAX: (231)712-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231}724-6768
Water FUtratlon
(231)724-4106
FAX: (231)755-5290
City ofMuskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Affirmath·e ACtion
(23J.)724-6703
fAX: (231)72:2-1214
Assessor/Equalization
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724
FAX: (231)722-1214
Civil Service
(231)724-6716 September 8, 2005
FAX: (231)724-4405
Clerk
(231)724-6705
FAX: (231)7244178
Community and Commissioner Spataro, President
Neigh. Services Nelson Neighborhood Association
(231)724-6717
FAX: (231)726-2501 1567 Sixth Street
Computer Info.
11uskegon,11I 49441
Systems
(231)724-6744
FAX: (231)722-4301 Dear Larry:
Engineering Dept,
(231)724-6707 We have received a letter from the Liquor Control Commission reference a
FAX: (231)727-6904 request from Port City Cruise Line, Inc., to transfer location oftheir 2005
Ftnance Dept. Watercraft Licensed Business with Dance-entertainment Permit and 250
(231)724-6713
FAX: (231)724-6768
passengers from 1133 W. Western Avenue. On Tuesday, September 13, 2005,
the City Commission will review this request and determine whether or not it
Fire Department
(231)724-6792 should be recommended for approval.
FAX: (231)724-6985
Income Tax You are being sent this notice because the City Commission would like to know
(231 )724-6770 how the Neighborhood Association feels and would appreciate any comments that
FAX: (231)724-6768
they may have. You may send these comments to 933 Terrace, 11uskegon, 11I
Inspection Services
(231 )724-6715
49440 or attend the City Commission 11eeting on September 13, 2005, at 5:30
FAX: (231)728-4371 p.m. in the Commission Chambers.
Leisure Services
(231)724-6704 If you have any questions, please feel free to contact me at 724-6705.
FAX: (231)724-1196
Mayor's Office
(231)724-6701
Sincerely,
FAX: (231)722-1214
Planning/Zoning
(231 )724-6702
FAX: (231)724-6790
Linda Potter
Police Deptartment Deputy Clerk
(231)724-6750
FAX: (231)722-5140
Public Works Dept.
(231)724-4100
FAX: (231)721-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Water FUttatlon
(231 )724-41 06
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Affirmative Ac~lon
(231)724-6703
FAX: (231)722~1114
Asseuor/Equallzatlon
(231)714-6708
FAX: (231)726-.5181
Cemetery Department
(23 1)724-6783
FAX: (231)726-.5617
City Manager
(231 )724-6724
FAX: (231)712-1214
Civil Service
(231)724-6716
FAX: (231)7244405
Clerk
(231)724-6705
FAX: (231)7244178 September 19,2005
Community and
Neigh. Services
(231)724-6717
FAX: (231)726-2501
Computer Info.
Liquor Control Commission
Systems 7150 Harris
(231 )724-6744
FAX: (231)722-4301 PO Box30005
Lansing, MI 48909-7505
Engineering Dept.
(231)724-6707
FAX: (231)727-6904 REF: #309953
Finance Dept. Port City Cruise Line
(231)724-6713
FAX: (231)724-6768
560 Mart
Muskegon, MI 49440
Ftre Department
(231)724-6792
FAX: (231)724-6985 To Whom It May Concern:
Income Tal:
(231)724-6770
FAX: (231)724-6768
Enclosed is the Resolution, form LC- I 800, and the Local Law Enforcement
Agency Report for Port City Cruise Line. This was recommended for approval at
Inspection Services
(231)724-6715
the September 13, 2005, City Commission Meeting.
FAX: (231)728-4371
Leisure Services Please do not hesitate to call me at (23 I) 724-6705 if you have any questions.
(231 )724-6704
FAX: (231)724-1196
Sincerely,
~~
Mayor's Office
(231)724-6701
FAX: (231)722-1214
PlannlngfZonlng
(231)724-6702 Linda Potter
FAX: (231)724-6790
Deputy Clerk
Pollee Deptartment
(231 )724-6750
FAX: (231)722-5140 enc.
Public Works Dept.
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(231 )724-6720
FAX: (231)724-6768
Water Billing Dept,
(231)724-6718
FAX: (231)724-6768
Water Filtration
(231 )724-41 06
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity .com
City of Muskegon State of Michigan
Certificate of Recognition
WHEREAS; It gives us a great deal of pleasure to recognize the
Muskegon Community Youth Club. The accomplishments
and achievements of these young citizens deserve
recognition and praise, and
WHEREAS; their vision is to promote interaction between the community
and area youth leading to a better relationship for all; to
teach young adults leadership skills and introduce them to
some of the tools and information needed to move out into
the world, and
WHEREAS; their desire to teach positive values by doing volunteer work
such as the Grand Trunk Dock spring clean-up, monthly
clean-up of trash along Lakeshore Drive, planting of a herb
garden and flowers, cleaning up of the corner of Lincoln &
Harding after a fire, coontributing to food pantry for area
people, supplying lunches for Habitat for Humanity workers
and helping paint one of the houses.
SO, NOW THEREFORE BE IT RESOLVED that I Mayor Warmington speaking
on behalf of the City Commission and our entire community
deem it an honor and pleasure to recognize the dedication
made by the Muskegon Community Youth Club towards the
well being of our community and extend our appreciation
for the contributions they make.
IN WITNESS WHEREOF, I have hereunto set my hand and cause the seal
of the City of Muskegon to be affixed this 151h day of
September, 2005.
-----------------------
Stephen J. Warmington, Mayor
CITY OF MUSKEGON
RESOLUTION
Whereas: Pioneer Resources, a non profit organization serving individuals with disabilities
celebrates their 50'h year of service to the community during 2005; and
Whereas: Parents formed the Pioneer Association in 1949, and initiated the first school for
children with disabilities who were not yet welcomed in public schools, called Pioneer School;
and
Whereas: In 1955 the Pioneer Association incorporated and changed its name to Western
Michigan Center for Handicapped Children, Inc. to provide a renewed emphasis on services
for children with developmental disabilities; and
Whereas: In 1964 Western Michigan Center for Handicapped Children built the first modern
school in Muskegon for special education, providing education, therapy, and transportation
for children with disabilities, and
Whereas: The organization emerged as a leader in the deinstitutionalization movement in
1980, opening the Pioneer House with United Cerebral Palsy Association, and
Whereas: Responding to need and promoting collaboration the organization built Western
Michigan Center in 1983 to house programs for the Muskegon Area Intermediate School
District, Community Mental Health, Goodwill Industries, and Arc/Muskegon, and
Whereas: Evolving further Western Michigan Center for the Handicapped in 1990 changed
it's name to Pioneer Resources and expanded services to include transportation, housing,
employment and training, as well as camping and recreation, and
Whereas: Pioneer Resources continues its endeavor to assist persons with disabilities to
attain independence and dignity by creating opportunities for participation in the community,
I
Therefore: Be it resolved that I, Stephen J. Warmington, speaking on behalf of the entire
I City Commission and the City of Muskegon citizens do hereby pay tribute to Pioneer
Resources, its board of directors, employees, volunteers and people they serve, and i
i:
I
Be it further resolved that the City of Muskegon hereby recognizes Pioneer Resources for . I
I
its constitution to the community and to the quality of life for all citizens.
IN WITNESS WHEREOF, this 13th day of September, 2005. I
Stephen J. Warmington, Mayor
~:lb~~~d~~~~®~
1
~ CITY OF MUSKEGON Stat, ofMi,higan
. ~~
Certificate of Proclamation
WHEREAS, Stepfamily Association of America; the nation's largest Stepfamily organization requests that
September 16, 2005 be designated as "Stepfamily Day"; and
WHEREAS, The City of Muskegon Stepfamily day is enhanced by our strong dedication to support the
stepfamilies of our nation in their mission to raise their children, create strong family structures
to support the individual members of the family, instill in them a sense of responsibility to all
extended family members; and
WHEREAS, Approximately half of all Americans are currently involved in some form of stepfamily
relationship and it is the vision of the Stepfamily Association of America that all stepfamilies in
the United States be accepted, supported and successful; and
WHEREAS, the City of Muskegon, and our nation has been blessed by thousands upon thousands of loving
stepparents and stepchildren who are da!ly reminders of the joy, trials, and triumphs of the
stepfamily experience and of the boundless love contained in the bond between all types of ~~.
parents and children; and ~
WHEREAS, Stepfamily Day is a day to celebrate the many invaluable contributions stepfamilies have made to
enriching the lives and life experience of the children and parents of America and to
strengthening the fabric of American families and society .
.NOW THEREFORE, I Stephen J. Warmington, by virtue of the authority vested in me as Mayor and speaking
on behalf of the entire City Commission and all our citizens recognize the increasing value of
stepfamily relationships, and hereby proclaim September 16, 2005 to be "Stepfamily Day" and
encourage everyone in our city and nation to participate in honoring the this day.
CITY OF MUSKEGON
State of Michigan
PROClAMATION
WHEREAS, The City of Muskegon wishes to recognize Mrs. Pamela
Babbitt for her development of the Heritage Memorial
Garden, located on Western Avenue in downtown Muskegon
as a tribute for her husband, Edward C. Babbitt, owner of
Babbitt's Sports Center. The garden will be a reflection of
Edward C. Babbitt's love of nature, flowers, bushes, and
trees; and
WHEREAS, Pamela Babbitt has generously donated the plot of land for
the garden and provided the residents of the city and it's
visitors a lovely place to reflect on the memories of the their
loved ones; and
WHEREAS, Pamela and the late Edward C. Babbitt have earned and
justly deserve this public recognition for their many
contributions to the Muskegon area, and
'
WHEREAS, The City of Muskegon would like to offer Pamela Babbitt our
gratitude and appreciation for this wonderful contribution
dedicated to her late husband.
NOW THEREFORE, BE IT RESOLVED; THAT I Stephen J. Warmington,
by virtue of the authority vested in me as Mayor and
speaking on behalf of the Muskegon City Commission and its
citizens hereby issue this Proclamation recognizing Edward
C. Babbitt for the contribution of such a lovely garden in the
City of Muskegon Michigan.
IN WITNESS WHEREOF, I have hereunto set my hand and
cause the seal of the City of Muskegon to be this
September 18, 2005.
Stephen J. Warmington, Mayor
OF MUSKEGON
l"'~uu:: of Michigan
PROCLAMATION
this year marks the 70'h Anniversary of the Lakeside Veterans Club of
Muskegon, Michigan, and;
the Club was founded in May of 1935 to provide socialization for Veterans. The
present commander is Max Anderson, and the oldest member is Ray Carlson,
the current number of members is 362, and;
we give honor and praise this day to this organization for supporting the local
Sheriffs Association and the Fraternal Order of Police. The Lakeside Veterans
Club of Muskegon also sets up College scholarships for member's children
grandchildren. They also co·sponsor a Charity Soft Ball Tournament with oth4erflfj
organizations to provide Christmas Food Baskets for those in need who reside
in the Lakeside area. They also chair the Memorial Day Parade and, place
American Flag on Veterans graves in area cemeteries and;
this organization has donated $1000.00 to the WWII Veterans Memorial in
Washington D.C. and;
NOW THEREFORE. I Stephen J. Warmington, by virtue of the authority vested in me as
Mayor and speaking on behalf of the Muskegon City Commission and its
citizens hereby issue this Proclamation recognizing the commitment and
dedication of the Lakeside Veterans Club and offer our best wishes to the
members of this organization on their 70th Anniversary.
WITNESS WHEREOF. I have hereunto set my hand and cause the seal of the City of
Muskegon to be affixed this September 24, 2005.
Stephen J. Warmington, Mayor
Date: September 13, 2005
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: 2006 Budget Adoption
SUMMARY OF REQUEST: This is the time set for a public hearing on the City's
proposed budget for the year 2006. The proposed budget has been made available
for public inspection at City Hall, Hackley Public Library and the City's website
(www.shorelinecity.com) since September 1st. After hearing public comments, the
City Commission may take action to adopt the 2006 budget with whatever changes
or adjustments it deems necessary. In any event, City Charter requires the budget
be adopted no later than September 25, 2005.
FINANCIAL IMPACT: The budget sets forth the priorities and overall financial
plan for operations in the year 2006. As proposed, the budget includes no property
tax increase.
BUDGET ACTION REQUIRED: Adoption of the attached budget resolution
provides the legal appropriation authority necessary for City departments to conduct
operations in 2006.
STAFF RECOMMENDATION: After receiving comments, close the public
hearing and approve the proposed 2006 City of Muskegon Budget resolution that is
attached. Also, approval of the 3rd Quarter 2005 Budget Reforecast as shown in the
Budget Book is recommended at this time.
COMMITTEE RECOMMENDATION: The Committee of the Whole will review
the budget at their September 12'h work session.
9/18/97
2005-84(a)
CITY OF MUSKEGON
RESOLUTION OF APPROPRIATION
2006 BUDGET
WHEREAS, the City Manager has submitted a proposed Budget for 2006 in accordance
with the City Charter and Michigan Public Act 621 of 1978 known as the "Uniform Budgeting and
Accounting Act"; and,
WHEREAS, the 2006 proposed Budget has been reviewed by the City Commission
following a public hearing for which due notice was given; NOW, THEREFORE, BE IT RESOLVED
that the Budget for the City of Muskegon for the fiscal year beginning January 1, 2006 is hereby
determined and adopted as follows:
GENERAL FUND
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
101-10101 City Commission 87,412
101-10102 City Promotions & Public Relations 12,750
101-10145 City Attorney 406,152
101-10172 City Manager 208,396
101-10875 Contributions to Outside Agencies 177,660
101-10891 Contingency and Bad Debt Expense 400,000
101-20173 Administration 172,638
101-20215 City Clerk & Elections 347,353
101-20220 Civil Service 181,541
101-20228 Affirmative Action 82,511
101-20744 Julia Hackley Internships 8,103
101-30202 Finance Administration 428,669
101-30205 Income Tax Administration 350,174
101-30209 Assessing Services 414,562
101-30248 Information Systems Administration 338,129
101-30253 City Treasurer 393,189
101-30851 Insurance Premiums 359,689
101-30906 Debt Retirement 50,000
101-30999 Transfers to Other Funds 930,000
101-40301 Police 8,413,775
101-50336 Fire 3,488,313
101-50387 Fire Safety Inspections 999,117
101-60265 City Hall Maintenance 251,861
101-60446 Community Event Support 65,720
101-60448 Streetlighting 538,936
101-60523 Sanitation 1,572,279
101-60528 Recycling 163,527
101-60550 Stormwater Management 16,384
101-60770 Senior Citizen Transit 58,296
101-70276 Cemeteries Maintenance 464,285
101-70585 Parking Operations 25,000
101-70751 Parks Maintenance 1,244,281
101-70357 Graffiti Removal 4,500
101-70757 McGraft Park Maintenance 57,419
101-70775 General Recreation 365,821
101-70863 Farmers' Market and Flea Market 35,891
101-80387 Environmental Services 307,412
101-80400 Planning, Zoning and Economic Development 460,994
101-90000 Major Capital Improvements 84.585
Grand Total General Fund Appropriations $23.927 324
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines 6,844,748
203 Local Streets 1,714,649
254 L.C. Walker Arena 1,515,066
264 Criminal Forfeitures 63,000
260 Land Reutilization 1,000
285 Tree Replacement 3,000
BE IT FURTHER RESOLVED that the revenues and other financing sources (including use of
prior year balances) for Fiscal Year 2006 are estimated as follows:
GENERAL FUND
FUND/ACTIVITY NAME AMOUNT
Taxes $ 14,452,170
Licenses and Permits 1,003,000
Federal Grants 149,220
State Grants 18,000
State Shared Revenue 4,680,217
Charges for Sales & Services 2,191,959
Interest & Rentals 234,400
Fines & Fees 517,000
Other Revenue 304,750
Other Financing Sources 70,000
Use of Fund Balance 306.608
Total General Fund Revenue
Appropriations $23 927 324
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines 6,844,748
203 Local Streets 1,714,649
254 l.C. Walker Arena 1,515,066
264 Criminal Forfeitures 63,000
260 Land Reutilization 1,000
285 Tree Replacement 3,000
BE IT FURTHER RESOLVED that the operating expense projections for the following non-
budget funds are hereby approved:
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
305 TIFA Debt Service $60,000
394 Downtown Development Authority Debt 564,095
290 Local Finance Development Authority Debt 205,847
403 Sidewalk Improvement Fund 433,175
404 Public Improvement Fund 3,047,035
482 State Grants Fund 3,770.000
590 Sewer 5,655,997
591 Water 6,427,684
594 Marina/Launch Ramp 1,749,718
661 Equipment 2,596,570
642 Public Service Building 578,378
643 Engineering Services Fund 613,804
677 General Insurance Fund 4,012,994
BE IT FURTHER RESOLVED, that there is hereby appropriated for said fiscal year the several
amounts set forth above which, pursuant to the "Uniform Budget and Accounting Act", define the
City of Muskegon's appropriation centers, and
BE IT FURTHER RESOLVED, that the City Manager is hereby empowered to transfer
appropriations within appropriation centers, and
BE IT FURTHER RESOLVED, that there is hereby levied a general tax as herein fixed on each
dollar of taxable valuation for the purposes herein outlined, said levy to be applied on all taxable
real and personal property in the City of Muskegon as set forth in the assessment roll dated May
2005:
PURPOSE MILLAGE (MILLS)
General Operating 8.5000
Sanitation Service 2.5000
Promotion .0755
Total 11.0755
At a regular meeting of the City Commission of the City of Muskegon, on the thirteenth Day of
September 2005, the foregoing resolution was moved for adoption by Commissioner
Gawron Commissioner Spataro supported the motion.
Resolution declared adopted.
~Q. L~~
CityCierk
CERTIFICATION
2005-84(a)
This resolution was adopted at a regular meeting of the City Commission, held on
September 13, 2005. The meeting was properly held and noticed pursuant to the Open
Meetings Act ofthe State ofMichigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By: ~~~~~~~~~~~~
Gail A. Kundinger, MMC
City Clerk
NOTICE OF HEARING
CITY OF MUSKEGON
2006BUDGET
Notice is hereby given that a Public Hearing will be held by the City Commission of the
City of Muskegon on the proposed 2006 Budget of the City of Muskegon at 5:30p.m.,
September 13, 2005, at the Muskegon City Hall Commission Chambers, located at 933
Terrace Street, Muskegon, Michigan.
THE PROPERTY TAX MILLAGE RATE PROPOSED TO BE LEVIED TO SUPPORT
THE PROPOSED BUDGET WILL BE A SUBJECT OF THIS HEARING.
A copy of the proposed budget is available for public inspection in the office of the City
Clerk, and the Hackley Public Library during regular business hours and through our web
site at www.shorelinecity.com. All interested citizens will have the opportunity to give
written and oral comments.
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF
THE CITY COMMISSION AND ANY OF ITS COMMITTEES OR
SUBCOMMITTEES
The City of Muskegon will provide necessary reasonable auxiliary aids and services,
such as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the meeting,
upon twenty-four (24) hours notice to the City of Muskegon. Individuals with disabilities
requiring auxiliary aids or services should contact the City of Muskegon by writing or
calling the following:
GAIL A. KUNDINGER, MMC
City Clerk
93 3 Terrace Street
Muskegon,MI 49440
(231) 724-6705
TDD: (231)724-4172
Publish: September 3, 2005
NOTE: Must be 11 pt. Bold Face type.
I
City of Muskegon,
I Michigan
I
I Proposed Budget and
Quarterly B u d g e t -
1 For The Year Beginning January 1, 2006
I
West Mlcblgan's ShoreUne Oty
Commission Meeting Date: September 13, 2005
Date: September 6, 2005
To: Honorable Mayor & City Commission
from: Planning & Economic Development
Department
RE: Tool & Die Recovery Zone Status for Northern
Machine Tool
SUMMARY OF REQUEST: To approve the attached development
agreement and Resolution establishing a Tool & Die Recovery Zone
for Northern Machine Tool, 761 Alberta.
FINANCIAL IMPACT: The City will forego approximately $7,300.00
per year for a total of approximately $109,545 in taxes for the 15 year
period of the zone.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Development
Agreement, approve the resolution establishing a Tool and Die
Recovery Zone, and authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
Resolution to Request a Renaissance Recovery Zone
2005-85( a)
WHEREAS, the City of Muskegon desires to promote economic activity and
maintain/ increase the number of jobs available to residents of the area, and;
WHEREAS, certain industries in the state are facing difficult times and the tool
and die industry, in particular, has·sustained losses due to foreign competition
and increased productivity;
WHEREAS, the designation of a Renaissance Recovery Zone will temporarily
reduce the tax burden paid by the business enabling it to reposition itself to
compete globally, and;
WHEREAS, the business have entered into a collaborative agreement with other
business entities having the appropriate North American Industry Classification
System (NAICS) codes, and;
WHEREAS, the qualified tool and die business property is property leased or
owned by a tool and die business and used primarily for tool and die operations;
WHEREAS, should the area be designated a Renaissance Recovery Zone,
property within that zone will be exempt from taxes levied by the city, county, and
other units of government as provided under this Act, and;
WHEREAS, we estimate that the tax revenue lost, which is estimated on the
attached schedule, would be a small fraction of the benefits the designation of a
Renaissance Recovery Zone will bring the community.
THEREFORE BE IT RESOLVED, that the City requests that the State of
Michigan designate Northern Machine Tool, Property ID number, 61 -24-400-
000-0034-00, 61 -24-400-000-0041 -00, 61 -24-400-000-0026-00, 61-24-400-000-
0028-00 61-24-400-000-0030-00 61 -24-400-000-0032-001 61-24-400-000-
I I
0045-00 identified by the resolution a Renaissance Recovery Zone under Public
Act 376 of 1996 for a duration of up to 15 years.
Adopted.
Date: September 13 , 2005
Ayes : Warmington, Car ter , Davi s , Gawron , Lar s on , Shepherd, and Spataro
Nays : None
Abated taxes- Northern Machine Tool
Personal Yearly #of
Property Real Property Total years TOTAL
$4,293 $3,010 $7,303 15 $109,545
CERTIFICATION
2005-85(a)
This resolution was adopted at a regular meeting of the City Commission, held on
September 13, 2005. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
Gail A. Kundinger, MMC
City Clerk
RECEIVED
NORTHERN 761 Alberta Ave.
MACHINE Muskegon, Ml 49441 SEP 0 6 2005
TOOL 231-755-1603
COMPANY Fax 231-759-7917 MUSKEGON
PROGRESSIVE DIES HORIZONTAL BORING BLANCHARD GRINDING SPECIAL MACHINES WIRE ED M . CITY MANAGER'S OFFICE
August 31 , 2005
Mr. Bryon L. Mazade
City Manager
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, Ml 49443-0536
Ref: Northern Machine Tool Company- Tool & Die Renaissance Recovery Zone
Dear Brian:
Northern Machine Tool Company is applying for a Tool and Die Renaissance Recovery Zone as
allowed by the Michigan Strategic Fund (MSF). A critical step of the application process requires our
local government to approve the request prior to the State of Michigan reviewing. It is our hope that the
City of Muskegon will adopt a resolution granting a 15-year duration for Northern Machine.
In 2006 Northern Machine will celebrate its 60'" anniversary. We look forward to another 60 years of
doing business in the City of Muskegon.
The City of Muskegon approval of this request will assist us in our attempt to survive in the
economically difficult tool and die business. Low cost countries like China and Korea continue to take a
greater percentage of the specialty work done by our skilled employees.
Northern Machine is one of the eight tooling companies in the Whitehall Township Tooling Coalition
applying for the Recovery Zone.
It is Northern Machines' hope that approval of this designation will assist us in growing our business in
Muskegon and develop additional customers through our Coalition Partners. Two years ago Northern
Machine developed plans for a building addition that would lead to additional equipment and several
added jobs. Unfortunately, the weak manufacturing economy hit us hard in our business sector and
delayed our expansion plans.
We hope that getting the Recovery Zone approval will assist us in moving forward with our Coalition
Partners. This should assist us in stabilizing our business and hopes for long term growth in
Muskegon.
Thank you in advance for your consideration and support.
Very truly yours, ,
·-:::d u/t~~
Steve Olsen ·
President
nc
DEVELOPMENT AGREEMENT
CITY OF MUSKEGON TOOL AND DIE RENAISSANCE RECOVERY ZONE
THIS IS AN AGREEMENT between the CITY OF MUSKEGON, a municipal
corporation, of933 Terrace Street, Muskegon, Michigan 49443 ("City") and Northern
Machine Tool Companyof761 Alberta Avenue, Muskegon, MI 49441 ("Company").
Recitals:
A. The City has received a request from the Company and intends to consider
the location designation of a Tool and Die Renaissance Recovery Zone, and as a
condition thereof this Agreement must be approved and executed by the Company prior
to the establishment of the Tool and Die Renaissance Recovery Zone. Upon approval of
Tool and Die Renaissance Recovery Zone status for the Property, the City will sign this
Agreement. The City deems this Agreement to constitute a necessary element in the
City's determination regarding the location of Company in the Tool and Die Renaissance
Recovery Zone, and the City relies upon the undertakings of Company in the Agreement
to allow and to continue the Tool and Die Renaissance Recovery Zone status ofthe
Company.
B. The Company intends to install the projects previously set forth in its
Application for Industrial Facility Tax abatement application which was approved by the
City of Muskegon on July 13, 2004 (attached). The Company understands that the City
relies upon the undertakings of the Company in the Agreement to establish and to
continue the Company's status as a Tool And Die Renaissance Recovery Zone Company.
NOW THEREFORE THAT PARTIES AGREE:
I. DOCUMENTS ATTACHED. Included in this Agreement are the
following documents which have been collected and relied upon by the
parties:
1.1 The Application for Industrial Facility Tax Abatement approved by
the City of Muskegon on July 13, 2004.
1.2 The Contract for Tax Abatement between the City and the
Company.
1.3 Copy of the Michigan Renaissance Zone Act, as amended to date.
2. COMPANY AGREEMENT. The Company agrees to the following
commitments which it shall perform in a timely and reasonably acceptable
manner.
2.1 Addition of three employees.
2.2 Maintain the current level of employment at the same level
(43 employees) as when the Company applied for the
Industrial Facility Tax Abatement.
2.3 The Company shall improve the properties in the amount of
$450,000 in real property and $250,000 in personal property, in
accordance with the Application for Industrial Facility Tax
Abatement application approved by the City of Muskegon on July
13,2004.
3. AGREEMENT BY THE CITY. Provided this Agreement has been
executed and further provided all applications concerning Tool and
Die Renaissance Recovery Zone status have been properly filed,
the City shall, in a timely manner, proceed with the appropriate
meetings or applications including as necessary with the State of
Michigan and with all local review entities by law. The City may
consider this agreement in a meeting separate from and prior to the
meeting in which the City or any entity considers the approval of the
applicant for Tool and Die Renaissance Recovery Zone status.
4. EVENTS OF DEFAULT. The following actions or failures to comply
shall be considered events of default by the Company.
4.1 Failure to meet any of the commitments set forth above.
4.2 Failure to afford to the City the documentation and reporting
required.
4.3 The failure to pay any taxes other than those exempted by
the Michigan Renaissance Zone Act, and the failure to pay
any special assessments levied on the Company's property
timely after levy or final appeal.
4.4 The violation of any provisions, promises, commitments,
considerations or covenants of this Agreement.
4.5 Relocation of the Company to a location outside of the City
limits of the City of Muskegon.
5. REMEDIES ON DEFAULT. In the event of any of the above
defaults the City shall have the following remedies which it may
invoke without notice, except as may be reasonably required by the
Company's rights to due process.
5.1 Failure to Install Improvements. In the event the
improvements, renovations and the equipment have not
been completed or installed by the time set forth in the
attachments, the City will petition the State to revoke the
Tool and Die Renaissance Zone status from the Company.
5.2 Failure to Expend the Funds Represented. Whether or not
the installations have been completed, if the Company has
not expended the funds it has represented on its application
that it would invest, the City will petition the State to revoke
the Tool and Die Renaissance Recovery Zone status from
the Company.
5.3 Failure to Maintain the Current level of employment.
Whether or not the installations have been completed, if the
Company has not maintained the number of employees at
the same level as when the application for Industrial Facility
Tax Abatement was submitted, the City will petition the State
to revoke the Tool and Die Renaissance Recovery Zone
status from the Company
5.4 Relocation of the Company to a location outside of the City
limits of the City of Muskegon. In the event the Company
relocates outside of the City of Muskegon, the City will
petition the State to revoke the Tool and Die Renaissance
Zone status from the Company.
5.5 Other Violations. For any material violations of this
Agreement, the City reserves the right to seek declaration by
a court or entity with authority.
5.6 City Considerations for Determination in Matters of Default.
The City shall not unreasonably take any action which may
result in invocation of the remedies above. It shall take the
following factors into consideration:
5.6.1 The economic conditions, if any, reasonably known to
the City, which are found to be directly related to the
default or circumstance causing the proposed action
by the City.
5.6.2 The performance of the Company in meeting the
commitments and requirements of the Application, the
submitted materials, and the provisions of the
Certificate and this Agreement.
5.6.3 Whether the effect on the City's finances of the
Company's actions is material and substantial.
5.6.4 Whether the circumstances affecting the status of the
company was created by occurrences beyond the
control of the Company or could have been avoided,
and, in particular, whether the Company could
economically and feasibly continue to perform as
required by this Agreement.
6. Governing Law. This Agreement shall be construed and enforced
in accordance with the laws of the State of Michigan applicable to
contracts made and to be performed within the State of Michigan,
and in particular the Michigan Renaissance Zone Act of the State,
as amended.
7. Counterparts. This Agreement may be executed in one or more
counterparts. Notwithstanding such execution all such counterparts
shall constitute one and the same Agreement.
8. Benefits. This Agreement shall be binding upon and inure to the
benefit of the respective parties, their successors assigns and
personal representatives.
9. Effective Date. This Agreement shall be effective on the date the
State of Michigan grants the Tool and Die Renaissance Recovery
Zone designation.
10. Invalidity. In the event any provision of this agreement is declared
invalid by a court or tribunal having competent jurisdiction, the
remainder of the agreement shall remain in full force and effect.
CITY OF MUSKEGON,
a municipal corpo t'e,,~--._
Dated: _ _9
_.__-_.:.1~3"'-----• 2005
Dated: /l-..3o , 2005
Date: September 12,2005
To: Honorable Mayor and City Commission
From: Water Filtration Plant
RE: Filter Turbidimeter Replacement
SUMMARY OF REQUEST:
To replace the existing ten filter turbidimeters at the water filtration plant.
FINANCIAL IMPACT:
$19,500.00 plus shipping and handling. Installation will be made by
Staff.
BUDGET ACTION REQUIRED:
This planned purchase is budgeted.
STAFF RECOMMENDATION:
Recommend purchasing the ten filter turbidimeters from HACH
Company at a cost of $19,500.00 plus shipping and handling.
MEMORANDUM
8/29/05
TO: M. AL-SHATEL, DEPUTY DPW
FROM: R. VENEKLASEN, WATER FILTRATION
RE: REPLACEMENT FILTER TURBIDIMETERS
BACKGROUND
The Water Filtration Plant budgeted for the replacement of the ten on-line filter
turbidimeters. These turbidimeters are required by the Environmental Protection Agency
and the Michigan Department of Environmental Quality to ensure compliance with the
finished water turbidity limit reporting. These units provide a snapshot data reading
every fifteen minutes a filter is in use.
Turbidity is a measure of material (particles) suspended in the water column. The
measure is without units but us classified as Nephelometric Turbidity Units (NTU's).
The existing Great Lakes brand turbidimeters have served the Plant well since their
installation in 1993 as part of the Instrumentation and Control project. Since their
installation the company has been sold and spare or replacement parts have become
difficult to acquire.
BIDS
Company Bid
GFS Chemicals $16,092.00 + S&H
PO Box 245
Powell OH 43065
800-858-9682
HACH Co. $19,500.00 + S&H
PO Box 608
Loveland CO 80539-0608
800-227-4224
Russell Supply Ltd. $18,400.00 + S&H
INC Technical Incorporated
9435 WaterStone Blvd. Suite 140
Cincinnatti, OH 45249
RECOMMENDATION
Due to the age of these units, the stringent application and the scarcity of parts it was
determined they required replacement.
The Plant Chief Operator, Kevin Herbert, solicited price quotation for replacement
turbidimeters. I concur with his recommendation that we replace our current
turbidimeters with the 1720E model offered by HACH Company at a cost of $19,500.00
plus shipping and handling.
8/22/2005
To: Bob Veneklasen
From: Kevin Herbert
Re: Budgeted Turbidimeter Replacement Purchase
In our continuing efforts to remain in compliance with DEQ and our efforts in
optimizing plant performance I have solicited bids for the purchase of I 0 replacement
turbidimeters.
I have researched the available turbidimeter brands on the market and have reached the
conclusion that the 1720E manufactured and supported by the Hach Company is the best
value and will meet our needs for accuracy and reliability for at least 10 years. The
1720E is considered the industry standard and is the most widely used unit currently
being manufactured. The quote fi·om Hach included ten SC I 00 controllers that will
provide redundancy as one SC can control two turbidimeters. We are currently using this
brand on 5 of our finished water sites without any instance of failure speaks to the quality
ofthis product. Ease of calibration is another important factor in Hach's favor. The total
cost quoted for 10 units including a calibration cube is $19,500.00
I also requested a quote from Great Lakes Instruments. We have used this brand for over
ten years to monitor our finished water turbidity. This company was recently purchased
by Hach Company and it appears they are phasing this line out. We have not been able to
purchase replacement parts and these units are beginning to require more maintenance
and continuing calibration. We were quoted a price of 17,750.00 which also includes a
calibration cube.
The third and foutth quotes was solicited from GFS Chemicals and Russell Mainstream
Supply. These model are new on the market and although promising is unproven at this
point. The measurement range is not as accurate as the Hach's although the accuracy is
the same at plus or minus 2% of reading.
In conclusion, it is my reconunendation we purchase the I 0 turbidimeter 1720E from the
Hach Co. Hach's continued support and technical service have proven invaluable in
ensuring our success with instruments and supplies we have purchased in the past.
~13/05 13:46:20 970-669-2932-> Page 002
QUOTATION
ATTN: KEVIN HERBERT DATE: 7/13/05
MUSKEGON WATER PLANT Be Right
1900 BEACH ST HACH COMPANY
MUSKEGON MI 49441 P.O. Box 608, Loveland, CO 80539-0608
Phone 800-227-4224, FAX: 970-669-2932
E-Mail: quotes@hach.com
Web: www.hach.com
Order Bid Referenc:e Number: Q3395 290 Pfo)sct Ref. No.: QUOTE 1720E 'S
(USE QUOTATION Bid refe~11ce number to ensure you receive p~ quoted)
JOHN INGLERIGHT
REGIONAL SALES MANAGER
(800)227-4224 Customer Phone: 2317244105
Customer Fax: 2317555290
We are pleased to quore on your Inquiry.
CATALOG · UNIT · EXTENDED
NUMBER DESCRIPTION QUANTITY PRICE PRICE
6010100 1720E TURBIDMETER w/sc!OO CONT 10 1,950,00000 19,500,00
· ONE OPERATIONS MAINTENANCE MANUAL
IS SHIPPED WITH EACH OF THE ABOVE
INSTRUMENTS. THERE IS A CHARGE FOR
ANY ADDITIONAL MANUALS ORDERED,
ONLY STANDARD OEM MANUALS PROVIDED.
~~~=====================
=========================
THIS QUOTATION DOES NOT INCLUDE
FREIGHT CHARGES, PLEASE REFER TO
THE ENCLOSED FREIGHT SCHEDULE WHICH
IS BASED ON THE TOTAL DOLLAR AMOUNT
PER SHIPMENT. CERTAIN LARGE
AND/OR HEAVY ITEMS MAY HAVE
ADDITIONAL CHARGES,
=========================
================
PRICES QUOTED ARE VALID ONLY FOR
ORDERS BILLING- SHIPPING WITHIN
THE USA, NOT FOR ULTIMATE EXPORT.
================
SHIPPING FROM: PAYMENT TERMS ARS SUBJECT TO CREDIT REVIEW,
AMES I IOWA, USA REfER TO CONDITIONS ON REVERSE SIDE. SALES/USE
Prices firm for orders received by SEPTEMBER 11, 2005 TAXES ARE NOT INCLUDED IN QUOTATION. Taxes will
Shipment within 60 days after the receipt of 1>11 added to invoice unless valid retale/exemplioo certificate
firm order, Is provided. Fmighl dlar!)'l schedule anadled. Send
·-··;-y;wror-
conflnnlng purchase order tor Qrder$ $25,000 01 more 1o
PAYMENT TERMS: NET 60 DAYS FROM INVOICE DATE
9'!..., HACH COMPANY
ONLINE TURBIDIMETER
Leading edge Microelectronic Technology combined with 30 years of optical measurement expertise
has allowed HF Scientific to become the leader In regulatory reporting turbldlmeters. The HF Mlc:roiOL
On-line Turbidimeter has been specifically designed to meet regulations of the EPA and ISO 7027.
Features include fast and easy calibration, verification In seconds, low maintenance, fall safe design
which ensures your Instrument is always reading accurately, bubble rejection system, optional
automatic continuous ultrasonic optical cleaning system, and a data acquisition software system that
allows logging and data storage for multiple turbldimeters.
STANDARD FEATURES:
Fast and Easy Calibration:
Verification In seconds while a complete primary
calibration can be completed In less than 5 minutes.
Low Volume Sample Chamber:
low volume sample chamber (30m!} reduces calibration
costs and provides quick response times.
Low Maintenance Fall Safe Design:
Simple Modular Design.
Easy to Use and Service.
Bubble Rejection System:
Eliminates Bubbles without delaying the response time.
Affordable:
Modular microprocessor based technology ensures high
quality at the industry's lowest price.
Optional Features:
Autoclean:
Automatic Continuous Ultrasonic cleaning allows for the
first EPA Accepted Automatic Cleaning Online
Turbidimeter.
RS-485 with Modbus:
Digitally connect with high speed Modbus
communications. The Mlr.miOLis delivered fully calibrated
Online Software: and includes 4-20ma, backlight display,
Allows logging, comparisons, graphs and data acquisition RS-485/Modbus, desiccant, inllne pressure
for up to 256 on1lne turbidlmeters Into a PC. regulator, pow~ly and quick start
Remote Display: guide. The M!CrfiTO[ 2 also includes a
Allows remote monitoring up to 500 feet away. spare measuring cuvette with light shield.
SPECIFICATIONS
Range: 0- 1000 tmJ
Measurement
Nephelometry (90)
Principle:
2% of reading or ±0.015 below 40 NTU
Accuracy:
5% of reading above 40 NTU
Resolution: 0.0001 Selectable
Response Adjustable (5 to 500 seconds)
Tlme: 0 to 1000 NTU
Standard
4-20 ma Galvanic Isolated or RS~485
Outputs:
RS-485
Modbus, HF Simplebus, HF Online Interface
Protocols:
User Alarms: 2 User selectable high/low Alarms
light Source: White Light or Infrared (850nm LED)
Operating
Temperature:
Input
1 - 200psl (built In regulator set at 15psi)
Pressure:
Enclosure: Nema 4X, IP66
Display: Multiline Custom LCD (backlight option)
Certifications: USEPA, ISO 7027, CE Approved, ffi Listed to UL 3111~1 and ETL Certified to CSA
22.0 No. 1010~1-92
(
/
(
(
I
Pagel ot '1.
../
Herbert, Kevin
From: cindy@gfschemicals.com
Sent: Friday, July 15, 200512:19 PM
To: Herbert, Kevin
Subject: GFS Quote# 30621
Dear Kevin:
Thank you for yonr interest in GFS Chemicals. The following is the quote you have requested. Please
refer to the quote number provided when placing your order. GFS Chemicals is a manufactnrer of
analytical lab reagents and research chemicals. We offer over 3000 chemical products ranging from
gram to metric ton quantities. It would be our pleasnre to assist you.
Kindest Regards,
Cindy Marquez
Accow1t Executive
~;.indy@gf:>.chem.icals,g_Q!1J
wwyv.gfschellliC PLEASE ALLOW 2-3 WEEKS LEAD TIME
==> ON THESE INSTRUMENTS
1. 00 85005 8000 TURB STD, 0.0 NTU 1 L 56.00 56.00
1. DO 85D63 8D14 TURB STD, 1D NTU 1 L 56.00 56.00
1. DO 85092 8021 TURB STD, 1DO NTU 1 L 56.00 56.DO
1. 00 85122 8030 TURB STD, 100D NTU 1 L 56.00 56.00
1. OD 85180 8DOD TURB STD, D.O NTU ss HF 42.0D 42.DO
1. 00 86112 8014 TURB STD, 1D NTU ss HF 42.00 42.00
1. 00 8 6171 8021 TURB STD, 100 NTU ss HF 42.00 42.00
1. DO 86113 8030 TURB STD, 1DOO NTU ss HF 42.DD 42.DO
'7/1 .C::/')('1(\.c;:
~~> MSDS & C/A FOR ALL W/SHIPMENT
==> ***********************************
1. 00 85905 85905 SOFTWARE, HF ONLINE UNITS 3200. DO 3200.00
~~> **NOT REQUIRED**
TOTAL: 16092.00
Expiration Date: 8/30/05
All orders FOB Columbus, OH -- Our plant.
In U.S. dollars which must be drawn on a U.S. bank.
All returns subject to a 25% restocking fee.
7/15/2005
AGENDA ITEM NO. _ _ _ _ _ __
CITY COMMISSION MEETING September 13, 2005
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: August 26, 2005
RE: Seyferth Park Skate Ramp
SUMMARY OF REQUEST:
To purchase a new ramp for the Seyferth Park Skate Park from Spohn Ranch, Inc. from the City
of Industry, CAin the amount of $39,000 installed. Funds for the purchase will come from the
Seyferth Fund within the Community Foundation for Muskegon County.
FINANCIAL IMPACT:
$39,000
BUDGET ACTION REQUIRED:
Authorize necessary budget adjustments.
STAFF RECOMMENDATION:
To approve the purchase of a 6' x 16' Mini Half Pipe Ramp (HD Series) from Spohn Ranch, Inc.
which includes installation.
COMMITTEE RECOMMENDATION:
None
HD Series
- HD Series Features -
Using similar fabrication techniques to our P2 Classic Line, the HD Series is the first of
its kind on the market today. The result of years of R & D, the HD Series features a
hot-dip galvanized steel structure for superior corrosion protection, finished off with a
Spohn Ranch exclusive super-thick monolithic phenolic surface.
This surface is water-resistant, UV-resistant, and withstands extreme temperature and
high impact. It was designed to provide the ultimate balance between smoothness for
safety and proper texture to grip urethane skate wheels. As a result, it is the first
choice of athletes who ride ramps professionally, and is used in pro skateboard and
BMX competitions worldwide.
The single-layer surface features a bolt-through attachment for increased durability.
This equipment has been designed for a more competitive price point through
decreased manufacturing costs associated with only one surface material.
Additionally, working with phenolic material only will facilitate easy maintenance.
All hot-dip galvanized steel structure
Adjustable feet for easy leveling on uneven surfaces
Spohn Ranch exclusive super-thick phenolic riding surface
Ventilated ramp enclosures to prevent access under the equipment
Low Maintenance
Durable
Graffiti-resistant riding surface
Separate steel threshold to create a smooth transition to the ground
Tamper-resistant galvanized steel fasteners
Custom configurations available
20-YEAR LIMITED WARRANTY
RECEIVED
community foundation SEP 0 9 2005
_ _ .,. ·-· -·-···-
Muskegon County MUSKEGON
CITY MANAGER'S OFFICE
425 W. Western Ave.
September 1, 2005
Suite 200
Muskegon, Ml
49440.Jl01 Mr. Bryon Mazade, City Manager
City of Muskegon
Ph. 231.722.4538
933 Terrace Street
Fax 231.722.4616 PO Box 536
Muskegon,MI 49443-0536
info@cffmc.org
Dear Bryon:
www.dfmc.org
Board of Trustees We are very pleased to inform the City of Muskegon that it has been awarded a
Michael H. Bozym, Ph.D. grant of $39,000 from the Thomas and Geraldine Seyferth Fund of the
Chair Community Foundation for Muskegon County to support the purchase and
Peter M. Turner installation of new equipment at Seyferth Skatepark. This will be paid in two
\'fee Chair
installments of$19,500 each.
Patricia B. Johnson
l'ice Chair
We encourage you to publicize this grant to recognize the fund which made this
Scott A. Musselman award possible. Please refer to the publication guidelines for communicating
Treasurer
your grant.
Chris A. McGuigan
Presideni/Secreta1y
Enclosed are two copies of your Grant Agreement. Please sign and return one
Tim Achterhoff
copy to our office noting any Special Conditions and the Public Relations
B. Dennis Albrechtsen requirements of the Grant Agreement. Also enclosed is a logo sheet for use in
Nancy L. Crandall any printed material. The first installment of $19,500 will be forwarded within
Lowel! B. Dana
30 days of receiving the signed grant agreement. The second installment of
$19,500 will be paid in February, 2006.
Barbara L DeBruyn
Holly). Hughes The Thomas and Geraldine Seyferth Fund of the Community Foundation for
Dr. John L. Mixer
Muskegon County is pleased to be a partner with the City of Muskegon. We
wish you success with your program.
Stephen G. Ol~n
Michael A. Pepper
Sincerely,
Hon. Gregory C. Pittman
ReY. Charles W. Poole
Bruce C. Rice
Chris A. McGuigan
Arthur V. Scott
President
John \X'. Swanson II
Sue Wierenga k:\grant committees\seyferth\grants\2005\seyferth park\cng-city.doc
Judith L. Wilcox
John \X'orkman
For good. For ever.··
(\ I ,/
L-I~IL
Purpose: To insure all veteran graves are properly marked with flags for Memorial Day.
Who we are: Greater Muskegon Memorial Day Committee
Made up of volunteer representatives of veteran groups in Muskegon County:
American Legion Disabled American Veterans
Veterans of Foreign War Marine Corp League
Catholic War Veterans Lakeside Veterans Club
Vietnam Veterans of America
What services we have provided:
I. Publicize Muskegon County Memorial Day events
2. Organize and direct the Greater Muskegon Memorial Day Parade
3. Purchase and distribute flags and markers for veterans graves, for
municipalities who want that service.
4. Oversee placing flags and markers on veterans graves.
5. Provide wreaths and programs for Memorial Day activities.
History of Committee:
For many years Doug Lawton, headed the committee. Procedures were developed where
the City of Muskegon, as well as other municipalities with cemeteries, was provided with flags
for all veterans graves. Municipalities without cemeteries made donations to help pay for flags
and markers. Upon Doug's death Milt Mockerman became the chairman. Present chairman is
Roger Knopf
Background of Laws:
I. The original Act 63 of 1915 required (upon the petition of 5 eligible voters) that the
City pay for flags and markers for veteran graves in cemeteries owned by the city, and
for cemeteries 'generally used by the population of the city'.
2. The Act has since been amended, first to eliminate payment for non-city owned
cemeteries, and then to make payment optional ('may procure') for those cemeteries.
(see 35.831 on the attached sheet).
3. Private cemeteries are required to provide a flag on lL veteran's grave of the request of
a family member. (see 35.832a)
Concern:
In the past, the City of Muskegon has paid for flags and markers for all the cemeteries
within the city limits. This year a decision was made, as relayed by the Cemetery Department, to
pay for only flags and markers used in 'city owned' cemeteries. Payment was denied forSt
Mary's Cemetery and Sunrise Memorial Gardens.
Veterans buried in St Mary's and Sunrise Memorial Gardens are primarily former citizens of
Muskegon. Their service should be honored just as citizen veterans buried in city owned
cemeteries. The requirements in 35.832a would not insure that those veterans would be properly
honored for their service.
F.eguest: The City of Muskegon continue paying the cost of flags and markers for veteran
graves in StMary's Cemetery and Sunrise Memorial Gardens.
MARKERS FOR VETERANS' GRAVES
Act 63 of 1915
AN ACT to provide for the furnishing of suitable flag holders and United States flags for the graves of
veterans who served in the armed forces of the United States for the marking and designation of the graves for
memorial purposes; and to provide a penalty for the removal or destruction of the flag holders and United
States flags when placed.
History: 1915, Act 63, lmd. Eff. Apr. 20, 1915;-Am. 1979, Act 142, Imd. Eff. Nov. 8, 1979;-Am. 1988, Act 263, Imd. Eff. July
15, 1988.
The People of the State of Michigan enact:
35.831 Flag holders and United States flags for veterans' graves in cemetery belonging to
city, village, or township; petition; expense; purpose.
Sec. I. (I) The legislative body of a city, village, or township in this state, upon the petition of 5 eligible
voters of the city, village, or township, shall procure for and furnish to the petitioners, at the expense of the
city, village, or township, a suitable flag holder and United States flag for the grave of each veteran who
served in the armed forces of the United States and who is buried within the limits of a cemetery belonging to
the city, village, or township.
(2) The legislative body of a city, village, or township in this state, upon petition of 5 eligible voters of the
city, village, or township, may procure for and furnish to the petitioners, at the expense of the city, village, or
township, a suitable flag holder and United States flag for the grave of each veteran who served in the armed
forces of the United States and who is buried in any cemetery located within the limits of the city, village, or
township that does not belong to that city, village, or township.
(3) A flag holder and United States flag shall be placed on the grave of a veteran for the purpose of
marking and designating the grave for memorial purposes.
History: 1915, Act 63, lmd. Eff. Apr. 20, 1915;---CL 1915, 1062;---CL 1929, 936;---CL 1948, 35.831;-Am. 1979, Act 142, Irnd.
Eff. Nov. 8, 1979;-Am. 1988, Act 263, lmd. Eff. July 15, 1988;-Am. 2005, Act26, Imd. Eff. May 23,2005.
35.831a Flag holder and United States flag; procurement by county; expense.
Sec. Ia. (l) The legislative body of a county in this state, upon petition of 5 eligible voters of the county,
may procure for and furnish to the petitioners, at the expense of the county, a suitable flag holder and United
States flag for the grave of each veteran who served in the armed forces of the United States and who is
buried in any cemetery located within the limits of the county that does not belong to that county.
(2) A flag holder and United States flag shall be placed on the grave of a veteran for the purpose of
marking and designating the grave for memorial purposes.
History: Add. 2005, Act 27, Imd. Eff. May 23,2005.
35.832 Contents of petition.
Sec. 2. In a petition to the legislative body of a city, village, or township, the petitioners shall set forth the
name of the airman, soldier, sailor, and marine whose grave has not been appropriately marked as
contemplated in this act, together with the number of the graves at the time of petitioning, and the cemetery
where the graves are located.
History: 1915, Act 63, lmd. Elf. Apr. 20, 1915;--{:L 1915, 1063;--{:L 1929, 937;--{:L 1948, 35.832;-Am. 1979, Act 142, lmd.
EfT. Nov. 8, 1979.
35.832a United States flags for veterans' graves in privately owned cemetery; request;
expense.
Sec. 2a. (l) A privately owned cemetery, upon the request of a family member of a veteran of the armed
forces of the United States who is buried within the cemetery, shall provide a suitable United States flag not
larger than 12 inches by 18 inches, at the cemetery's expense, for the grave of the veteran. The cemetery shall
be responsible for the cost and maintenance of the United States flag.
(2) A privately owned cemetery shall provide the United States flags required under subsection (I) for
placement during Memorial day, the fourth of July, and Veterans day, and may, but shall not be required to,
provide the United States flags during any other times of the year.
(3) A request to a privately owned cemetery under this section shall include the location of the grave of the
veteran for whom a United States flag is to be provided. The family member who makes the request is
responsible for placing the United States flag on the grave of the veteran, and may supply and use, at his or
Rendered Tuesday, August 09, 2005 Page 1 Michigan Compiled Laws Complete Through PA 103 of 2005
© Legislative Council, State of Michigan Courtesy of www.legitJiature.mlgov
Greater Muskegon Memorial Day Committee
Muskegon, Michigan
June I 0, 2005
Gail Kindinger, Clerk
City of Muskegon
P.O. Box 536
Muskegon,MI49443
The following is the list of American Flags and markers provided for marking Veterans
graves in cemeteries in the City of Muskegon this May, in accordance with the Act 63 of
1915 as amended by Acts 142 of 1979 and 263 of 1988:
Cemeterv Number of Flags No. of Markers
Evergreen 360 0
Lakeside 1056 15
Oakwood 612 6
Restlawn 360 0
StMary's 1946- 25
Sunrise 3600- _Q
Total 7934 46
Total for flags= 7934 x $0.80 = $6347.20
Total for markers= 46 x $5.49= 252.54
Total Due $6599.74
Please make your remittance payable to:
The Greater Muskegon Memorial Day Committee
and send to:
The Greater Muskegon Memorial Day Committee
c/o Roger Knopf, Chairman
6116 Ridgeview Drive
Muskegon, MI 49441-6146
Thank you for your support of Veterans.
Roger A Knopf
(231 )798-4123
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August 8. 2005
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En~IIH't'nng
Mr. Roger A. Knopf
72--1-1)7(17 The Great~r Muskegon Memoria! Day Committee
6116 Ridgeview Dr.
Muskegon. MI 49441-6146
Finance
72-1()71:1
Dear M. Knopf.
Fh'f'lkpL
72--lll7\lL We have received your request for payment of flags and markers for Veterans graves on
Memorial Day. We have been informed by the City Attorney that we are only
responsible for the flags and flag holders of Veterans buried within the Cemeteries owned
C \. S!'rrit't•s
n-1 mn by the City. The "Markers for Veterans Graves Act" (MCL 38.831) has been amended.
for any Cemeteries located with in the City limits that are not owned by the City. the act
now places the requirement on the owner of the private cemetery to provide the flags.
lm;peninns
72-1 !i7[i
Finally. the Act does give the option to the City or the County to provide flags for
Veterans who are buried in the Cemeteries not owned by the city but which are within
l.l'isun· Sl'n ice City limits. The City of Muskegon chooses to only pay for the flags and the flag holders
72-167(J.I
for Veterans in the City owned Cemeteries. (Evergreen, Lakeside. Oakwood and
Restlawn Cemeteries). I submit that the City of Muskegon's amount due is $2025. 69.
\lanagt>r's fl!lh·r
72·1-()72--1 Sincerely.
\laynr·s Orrin·
L cv"'(S O_Q C-v.
72-1-()701
Larry DeCou
City of Muskegon
PlanningjZnning
72-1 {)702 Cemetery Supervisor
l'olire Dept.
72-1 !17;10
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